Modifications of Court Orders – Relocation
It’s fair to say that no one in their right mind wants to go through a lengthy divorce proceeding. There’s simply nothing fun about that process for those involved. Aside from deciding highly complex and emotional issues like child support, child custody, the division of assets, and spousal support, there’s also the specter of having one’s private life put on display for others to view with scrutiny. Most people would likely avoid subject themselves to that kind of treatment. Still, these proceedings are often necessary, if not inevitable. And, with the right advocacy, a substantial amount of pain can be avoided.
In some cases, however, one party seeks a modification of the original decision. Even “celebrities” from Bachelor in Paradise are subject to this dilemma. One of the most common reasons for one party to seek a modification is relocation. If you find yourself on either end of this situation, it’s important to know the steps to follow and to partner with an experienced legal team in order to secure your rights moving forward.
In divorce cases, there is one overriding principle present in each aspect of deliberation: the welfare and best interest of the children involved is the top priority. Everything else stems from that one maxim. It’s an essential part of deciding child support and child custody matters, specifically. That’s why in an ideal world, all divorce court decisions would be final. Such conditions would promote a sense of constancy, which is an important foundational element of a child’s upbringing. However, there are some circumstances that require a modification, such as one parent relocating. This type of change could easily upset the balance dictated in terms of child custody, for instance.
When deciding what the terms of a modification might include, a judge might consider some of the following:
- Is the move initiated absolutely essential? Perhaps for work?
- What kind of burden would the move place on the child in question?
- Would the child or children likely miss school time in order to see the parent requesting the modification?
- Would the child or children be taken away from important family members and friends for extended periods of time?
As you can see, the above considerations come from a child-centric perspective. If the parent requesting the modification would be placing an unfair burden on the child, then the judge may decide to limit that party’s custody, in order to protect the interests of the child in question. I believe this is one area in which the court’s priorities are in order.
If you find yourself at either end of a divorce modification motion, then the most important step you can take is to secure dedicated and knowledgeable counsel. The attorneys at the Law Offices of Todd K. Mohink, PA in Glen Burnie and Columbia, Maryland have the experience and tenacity necessary to successfully navigate your case through the legal system and secure the justice that you seek. There’s no time to lose in getting your case on the right track. Call today to learn more about our comprehensive services that we can offer.