Parental Or Child Relocation – Can I Move My Child to Another State?

 

During these uncertain times, many parents are curious about parent relocation rights in New Mexico.  In particular, many parents wonder, “Can I move my child to another state?”  For better or worse, COVID-19 has radically changed many aspects of our everyday lives.  Accordingly, these changes have also caused an increased desire for many parents to move their children to another state away from New Mexico.

Are you a New Mexico parent that wants to move your child to another state?  If so, common reasons for parental or child relocation include:

• Improved job opportunities;
• Medical needs and treatment options;
• Higher quality of education;
• Family connections;
• Increased pay;
• Less crime; or
• Military involvement.

Unfortunately, parents moving another state often triggers strong emotions.  You see, often the parent that remains in New Mexico passionately denies the proposed child or parental relocation or move away to another state.

Do you have a child full legal custody and parental visitation order?  Does the child legal custody order include joint legal custody?  Finally, is the other parent denying the requested child relocation?  In this situation, you must request court permission to relocate with your child.  Failing to get court permission will likely cause your judge to order your return to New Mexico.  At that point, the judge will determine if parental relocation is in the child’s best interests.

WHAT FACTORS DOES THE COURT CONSIDER IN A CHILD RELOCATION OR MOVING ANOTHER STATE CASE?

 

Are you thinking about requesting permission to relocate to another state?  Alternatively, are you a parent that wants to deny your ex from moving your child to another state?  In either situation, your NM judge will determine if the parental or child relocation is in the child’s best interests.

New Mexico law presumes that children are best raised by both parents.  Therefore, most judges attempt to preserve both parents’ ability to bond and have a meaningful relationship with their child.

In most cases, judges believe that children are best served by having both parents actively in their development.  Accordingly, a parent’s request to relocate is filtered through this underlying belief.

With that said, at times, parental or child relocation is in a child’s best interests.  Your NM judge will consider several factors when determining your child’s best interests.  These factors include:

• Reasons for Relocation. For instance, is the parent relocating for purely economic reasons?  Additionally, is the relocation based on a desire to alienate or separate the child from a co-parent?
• Parental Bonding/Involvement. In this regard, how involved are both parents?  Does one parent have sole legal custody?  Alternatively, do the parents share joint legal custody?  Moreover, how much time does the non-custodial parent spend with the child?  Ultimately, the court considers both parents’ bonding and involvement.

Has the court already been involved with your joint legal custody case?  Do you have a parenting plan that addresses parental relocation?   You see, judges often consider the court’s involvement in the child full custody matter.

For instance, a parenting plan that outlines moving another state will impact a judge’s ultimate decision.  In this situation, the parenting plans specific language will influence the judge’s final decision.

 

WHAT IF A COURT ORDER DOES NOT PREVENT ME FROM REMOVING MY CHILD FROM NEW MEXICO? 

 

Do you desire to move your child to another state?  Is your ex denying your request to relocate even though a court order does not prevent the child or parental relocation?  In this situation, the best practice is to first receive written permission before relocating.

NM courts are considered a child’s home state when the child has lived in NM for six consecutive months.  In this situation, court could order the moving parent to return to New Mexico.

Additionally, even if a case has not been opened, the objecting parent could open a child legal custody case before the parent or child relocation occurs.  In doing so, the court could enter a Temporary Domestic Order that prevents both parents from removing the child from New Mexico.

WHAT CAN I DO IF MY EX VIOLATES OUR PARENTING PLAN/COURT ORDER AND MOVES MY CHILD TO ANOTHER STATE?

 

Has your ex moved your child away to the another state from New Mexico?  If so, does a court order prevent the parent or child relocation?  In this situation, you can file a Motion for Immediate Return of the Child.  Ultimately, your judge could order the other parent to immediately return the minor child to New Mexico.

 

CAN I MOVE ANOTHER STATE WITH MY CHILD WITHOUT FATHER’S PERMISSION?

 

It is always best practice to get the other parent’s permission before moving child to another state.  Even when one parent has sole legal custody, failing to get the other parent or court’s permission could result in an Order forcing the parent to return the child to New Mexico.

Moreover, if the child has lived in NM for six consecutive months before the move, the court could find that NM is the child’s home state.  In doing so, the court could order the moving parent to return the child to New Mexico.

Finally, in situations where the parents have joint legal custody, failing to get the other parent’s approval likely will result in the court ordering the moving parent to return the child.  In this situation, the move could also negatively impact the moving parent’s custody case moving forward.

 

BEST PARENT OR CHILD RELOCATION RIGHTS ATTORNEY OR LAWYER IN ALBUQUERQUE, NEW MEXICO

 

Are you a Mother or Father looking for the best parent or child relocation attorney or lawyer?  If so, you need the best child or parental relocation lawyer.  Understanding New Mexico child relocation laws demands the knowledge and dedication that comes from trial experience.  Our Albuquerque’s one of the best parent relocation and child legal custody lawyers have the needed experience to handle your child or parental relocation case.

For more than a decade, Sanchez Legal Team has handled child full legal custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos.   Talk to a seasoned and the best child full  custody attorney or lawyer in Albuquerque. Talk to (505) SANCHEZ.