Move-Away Orders & Relocation
Moving Could Violate Child Custody & Visitation Orders
When divorce happens, it often impacts nearly every aspect of a person’s life. One of the main aspects that is affect is parenthood. How will child custody be determined? Will one parent pay child support? Children often feel the strongest impact of divorce, making it a difficult challenge to balance. In some divorce cases, one parent may be given sole custody, while the other only receives visitation rights. But what happens if the custodial parent wants to move away?
How to Get a Move-Away Order
In order to get permission to move a child to a location that would interfere with a non-custodial parent’s visitation rights, the custodial parent must obtain what is commonly called a move-away order. While moving away can be appealing, whether it be for a fresh start or a new job, it is crucial that each parent think through the implication of the move.
The court will look at the following factors when reviewing a request:
- The reason for the move
- The age of the child
- The community the child is currently rooted in
- The distance of the new location
- The other parent’s relationship with the child
- The wishes or the child (if old enough)
- The child’s health and educational needs
Overall, the court is looking to determine whether or not the move is in the child’s best interests. Though the court cannot keep a parent from moving, they will have the final say on whether or not the move will affect child custody.
If a move threatens the child’s relationship with the other parent, the court may not favor the relocation. You may have to agree to custody modifications in order to be granted a move-away order. This can be hard for some parents to swallow, which is why having a seasoned custody attorney on your side is crucial.
Contact us at Slate & Associates, Attorneys at Law today to discuss your relocation case. We can meet with you in a confidential consultation.
