If you share custody of your child, moving out of state is not a decision you can make alone. Even if you believe the move is in your child’s best interests, relocation may not be allowed without proper notice and approval from the court.
In Delaware, a parent who plans to relocate with a child for 60 days or more must give notice and may need court approval if the move impacts the current custody or visitation arrangement. This includes moves out of state or within the state that disrupt the child’s existing schedule or living situation.
Factors considered in relocation petitions
The court looks at a variety of elements when reviewing a proposed relocation. These factors are centered on the child’s well-being, relationships and ongoing needs. Each one is considered carefully before a decision is made.
- Quality of life improvements: The court evaluates whether the move could improve the overall life of the child and the relocating parent, including emotional well-being, finances or educational access
- Parenting time and logistics: The ability to maintain regular contact with the nonmoving parent, including the cost and practicality of long-distance visits, is considered
- Relationship history: The strength and duration of the child’s relationships with both parents, siblings and other key individuals is an important factor
- Motivations for the move: Each parent’s reasons for either supporting or opposing the relocation are weighed
- Patterns of cooperation or interference: The court considers whether the relocating parent has demonstrated behavior that either helps or harms the child’s connection to the other parent
- Child’s input: If the child is old enough and mature enough, their preferences may be taken into account
- Development and needs of the child: The child’s physical, emotional and educational needs are reviewed to determine how relocation might affect their development
- Overall best interest of the child: Any other factor that may affect the child’s safety, stability or growth will also be part of the evaluation
Relocation decisions are made with great care. If you are considering a move that could affect custody or parenting time, obtaining knowledgeable legal guidance can be helpful as you prepare to present your reasoning to the court.
