Life changes. A new job opportunity, a desire to be closer to family, or a fresh start can all lead to the need to move. When you share custody of a child, however, moving isn’t as simple as packing boxes. 

Handling a child relocation case requires careful planning, a deep understanding of Idaho law, and a compassionate approach. Whether you are the parent hoping to move or the parent concerned about a potential relocation, a dedicated Coeur d’Alene relocation lawyer can provide the guidance you need to protect your parental rights and advocate for your child’s best interests.

At Crouse Erickson, we focus exclusively on family law. Our team is committed to helping families in Coeur d’Alene and throughout Kootenai County find workable solutions that prioritize the well-being of their children. If you are facing a relocation issue, we are here to help you understand your options.

Contact Us Today For A Consultation

Key Takeaways: Coeur d’Alene Family Law Relocation

• Idaho law requires parents to follow specific legal procedures when one parent wishes to relocate with a child, especially if the move is significant.
• The court’s primary and overriding consideration in any child relocation case is the “best interests of the child.”
• Parents may agree to a relocation and a new parenting plan, but this agreement must be approved by a court to be legally enforceable.
• If parents disagree, the parent wishing to move must petition the court for permission and demonstrate that the move is in the child’s best interest.
• Attempting to relocate with a child without the other parent’s consent or a court order can lead to serious legal consequences.

Why Choose a Coeur d’Alene Relocation Attorney from Crouse Erickson?

When your relationship with your child is on the line, the legal support you choose is critical. Crouse Erickson is not a general practice firm; we have dedicated our practice exclusively to family law for nearly 30 years. This focus gives us an intricate understanding of Idaho family law and the specific procedures of the Kootenai County courts. We are deeply familiar with the challenges families face during relocation cases and are prepared to handle every detail with diligence and care.

Our approach is built on a foundation of intense preparation and client-focused service. We know that the attorney who puts in the most effort often achieves the most favorable outcome. That’s why we invest long hours into understanding your unique situation, your goals, and the specific facts of your case.

Our commitment to you includes:

• In-Depth Knowledge: We stay current on all developments in Idaho family law, ensuring our guidance is based on the most up-to-date statutes and legal precedents.
• Strategic Case Preparation: We meticulously gather evidence, consult with relevant professionals if needed, and build a comprehensive legal strategy tailored to your specific circumstances.
• Compassionate Guidance: We understand you are going through a difficult time. Our team provides clear communication and supportive counsel, helping you navigate this life-altering process with confidence.

We are committed to helping you pursue a resolution that protects your child and your future, whether through skilled negotiation or determined courtroom advocacy.

Child Custody in Idaho

Before diving into the details of relocation, it’s important to understand the basics of child custody in Idaho. The court system doesn’t think in terms of “winning” or “losing” but rather what arrangement serves the child’s well-being. Idaho law recognizes two types of custody:

1. Legal Custody: This refers to the right and responsibility to make important decisions about a child’s upbringing. This includes choices about education, healthcare, and religious instruction. Courts often award joint legal custody, meaning both parents have a say in these major decisions.
2. Physical Custody: This determines where the child lives primarily. The court can award joint physical custody, where the child spends significant time with both parents, or sole physical custody to one parent, with the other parent typically having scheduled visitation (parenting time).

When making any custody determination, Idaho courts are guided by a single principle: the best interests of the child. This is not just a phrase; it is a legal standard defined by Idaho Statutes § 32-717. A judge will weigh several factors to decide what is best for the child, including:

• The wishes of the child’s parents.
• The child’s own wishes, taking into account their age and maturity.
• The relationships the child has with their parents, siblings, and other important people in their life.
• The child’s adjustment to their home, school, and community.
• The need to promote stability and continuity in the child’s life.
• The mental and physical health and integrity of all individuals involved.
• Any history of domestic violence, whether or not a criminal conviction occurred.

Understanding these factors is crucial because they form the basis of the court’s decision-making process, not only in initial custody cases but also in relocation disputes.

What Happens When One Parent Wants to Relocate?

Life is not static. After a custody order is in place, circumstances can change. A parent may receive a fantastic job offer in another city, need to move to care for an aging relative, or wish to be closer to a new spouse’s family. When these situations arise and involve moving a child a significant distance, it triggers a specific legal process. 

A local move, such as from one side of Coeur d’Alene to the other, might not require court intervention unless it substantially changes the parenting schedule. However, a move out of the area, state, or country almost certainly will.

The parent who wants to move cannot simply pack up and leave with the child. Doing so would likely violate the existing custody order and could result in serious legal trouble. Instead, they must take formal steps to modify the current parenting plan.

The process generally involves these key steps:

1. Review the Current Custody Order: The first step is to carefully read your existing divorce decree or custody order. Some orders contain specific clauses that outline the procedure for relocation, such as how much notice is required.
2. Discuss with the Other Parent: The most straightforward path is to discuss the proposed move with the other parent. If you can reach an agreement, you can work together to create a new long-distance parenting plan that details visitation schedules, travel arrangements, and communication methods.
3. Formalize the Agreement: Any agreement must be put in writing, signed by both parents, and submitted to the court for approval. A judge will review it to ensure it is in the child’s best interest before signing it into a new, legally binding order.
4. File a Petition to Relocate: If the other parent does not agree to the move, the parent who wishes to relocate must file a formal petition (a legal request) with the court. This begins the formal legal process of asking a judge for permission to move with the child.

Following this process correctly is vital. A mistake at any stage can jeopardize your request or your rights, making the guidance of a relocation lawyer invaluable.

Can I Move Out of State with My Child Even if the Other Parent Disagrees?

This is one of the most pressing questions in relocation cases. If the other parent objects to the move, you cannot relocate with your child without first obtaining a court order that permits you to do so. The court will schedule a hearing where both parents have the opportunity to present their case.

The parent proposing the move has the “burden of proof.” This means they must convince the judge that the relocation is being made in good faith and is in the child’s best interest. This is often a high bar to clear, as courts are generally reluctant to disrupt a child’s relationship with a stable, loving parent. The court will carefully scrutinize the reasons for the move and its likely impact on the child.

Factors a Kootenai County judge will likely consider include:

• The Motives for the Move: Is the move intended to improve the quality of life for the parent and child (e.g., for a significant career advancement, better educational opportunities, or a stronger family support network), or is it intended to interfere with the other parent’s relationship with the child?
• The Potential Benefits for the Child: How will the move enhance the child’s life? This could involve access to better schools, specialized medical care, or a safer environment.
• The Impact on the Non-Moving Parent: The court will heavily weigh how the move will affect the child’s bond with the other parent. A move from Coeur d’Alene to Florida, for example, makes weekend visits impossible and fundamentally changes the nature of the parent-child relationship.
• The Viability of a Realistic Parenting Plan: The moving parent must present a detailed and practical plan for maintaining the child’s relationship with the other parent. This plan should address travel arrangements, holiday and summer schedules, and regular communication via phone and video calls.

The non-moving parent has the right to present evidence and arguments explaining why the move would be detrimental to the child. A skilled family law relocation lawyer can help either parent build a compelling case based on the specific facts of their situation.

How Idaho Courts View Relocation: A Look at Past Cases

To better understand how a judge might approach a relocation request, it can be helpful to look at how Idaho courts have handled these situations in the past. Every case is unique, and outcomes depend entirely on the specific facts. However, past decisions highlight the court’s unwavering focus on one thing: the best interests of the child. 

Let’s explore two examples that show how this standard can lead to different results.

The Case of Roberts v. Roberts: When a Move Was Denied

In this case, a mother with primary physical custody wanted to move 160 miles away for what she stated was a new job. Their original custody agreement specifically prevented her from moving the children out of the area without the father’s written consent or a court order. The father objected to the move, suggesting the mother’s true motive was to be with her fiancé, who had a criminal history of embezzlement.

The judge looked at all the circumstances and determined that the move was not in the children’s best interest. The court was concerned about the stability of the new home environment. The judge ruled that if the mother chose to move, primary custody of the children would be transferred to the father. The mother’s appeal was later denied, reinforcing the court’s initial decision. This case shows that a judge will look beyond the stated reason for a move and consider the total picture.

The Case of Nelson v. Nelson: When a Move Was Approved

In another case, parents shared joint legal and physical custody. Years later, the mother planned to remarry and move with the children. The father objected and filed a motion to get primary physical custody himself. The judge, however, found that the move was in the children’s best interests and allowed the mother to relocate with them.

Interestingly, the judge then took an extra step. Without being asked by either parent, the judge changed the holiday schedule to give the father fewer holidays. The court’s reasoning was that the constant travel required for frequent holiday visits would be too disruptive and stressful for the children. This decision shows that when a move is approved, the court sees it as a major change that may require a complete revision of the parenting schedule to serve the children’s new reality.

These two cases illustrate a critical point: the outcome of a relocation case is never guaranteed. A judge will weigh the unique details of your family’s situation. The parents’ wishes are important, but they are secondary to what the court determines is best for the child’s well-being, stability, and relationship with both parents.

The Critical Role of a Coeur d’Alene Family Law Relocation Lawyer

Child relocation cases are emotionally charged and legally complex. The outcome can permanently alter your family’s dynamic and your relationship with your child. Attempting to handle such a high-stakes matter without experienced legal counsel can put you at a significant disadvantage. A knowledgeable attorney acts as your advocate, strategist, and guide through every phase of the process.

Here is how a lawyer from Crouse Erickson can assist you:

• Explaining Your Rights and Obligations: We will ensure you understand the requirements of Idaho law, the specific terms of your existing custody order, and the potential outcomes of your case.
• Developing a Sound Legal Strategy: Whether you are seeking to move or opposing a move, we will work with you to gather the necessary evidence to build a strong argument centered on your child’s best interests. This might involve collecting school records, financial documents, or expert opinions.
• Pursuing Amicable Resolutions: We recognize that long, drawn-out court battles can be emotionally and financially draining. Whenever possible, we use negotiation and mediation to help parents find common ground and create a mutually agreeable parenting plan. Info
• Providing Robust Courtroom Representation: If a trial becomes necessary, you can be confident that our team is fully prepared to advocate for you in court. Our meticulous preparation and exclusive focus on family law allow us to present your case clearly and persuasively.

Relocation profoundly impacts a child’s life, and it is important to consider their emotional well-being throughout the process. We help you focus on your child by managing the legal issues on your behalf.

Coeur d’Alene Relocation and Family Law FAQs

Here are answers to some common questions we hear about child relocation cases in Idaho.

What if our custody order doesn’t say anything about relocation?

Even if your court order is silent on the issue of moving, you are still required to follow Idaho’s legal procedures. You cannot relocate with your child without the other parent’s written consent or a new court order. The “best interests of the child” standard will still apply, and a judge will need to approve any significant change to the parenting arrangement.

Can the court order me to pay for the other parent’s travel to see our child?

Yes, the court can and often does address travel costs in a long-distance parenting plan. A judge may order the parents to share the transportation expenses or may assign responsibility to the parent who is relocating, depending on the financial circumstances of both parties and the reasons for the move.

What is a “long-distance parenting plan”?

A long-distance parenting plan is a detailed, court-ordered schedule that governs custody and visitation when parents live far apart. It typically provides for longer, less frequent visits, such as the majority of the summer vacation, spring break, and alternating major holidays. It also includes specific provisions for telephone and video calls to help maintain the parent-child bond between visits. The Idaho Rules of Family Law Procedure provide the framework for creating and modifying such plans.

Does it matter who has primary physical custody when it comes to relocation?

Yes, it can matter, but both parents have rights. Even if you are the primary physical custodian, you must still get the other parent’s permission or a court order to relocate with the child. The non-primary parent has a right to a meaningful relationship with their child, and a move can interfere with that right. Conversely, a parent who does not have primary custody can object to a proposed move if they believe it is not in the child’s best interest.

Let Our Experienced Coeur d’Alene Relocation Lawyers Assist You

If you are dreaming of a new beginning in a different state or are worried about your child moving far away, having trusted legal guidance is essential. At Crouse Erickson, our entire practice is dedicated to helping families like yours navigate these sensitive and pivotal moments. We combine our deep knowledge of Idaho family law with a client-first philosophy, ensuring you receive the dedicated attention and diligent preparation your case deserves.

If you are involved in a relocation dispute, let us help you understand your legal options and plan your next steps. Call our Couer d’Alene family law attorneys today at (208) 618-8910 or fill out our online form, and a member of our team will be in touch with you shortly.

Contact Us Today For A Consultation