Parental Move-Away Issues
What are the rules for moving away when you have kids, and the other parent has custody or visitation rights?
To begin, the Judge cannot stop a parent from moving, but he or she can stop the children from going with the parent. While overall, the Court will usually look at the "Best Interests of the Children," there are no simple answers to the question of what really is in the children's best interests. The status of custody, the amount of time spent with the other parent, the closeness of the relationship of the other parent, local and distant ties to family, friends, school and other issues can all be important. In this regard, the Judge has a lot of discretion. How will the Court interpret the "Best Interests of the Children?"
Moving parents often think it is obvious that there is a better life for the children in another location. But, the Court may or may not agree with the moving parent. Each situation is unique. Sometimes the Court will side with the non-moving parent, and will not permit the children to move. Other times, the Judge may side with the moving parent. There are many pluses and minuses that will be considered by the Judge in making this decision.
As a result of the broad discretion that the Judge has to rule on a move-away, sometimes one parent will try to get the upper hand, and set up a situation where the move out of the area seems compelling to the Judge. Those actions will sometimes be viewed as devious and inappropriate. Other times, the Judge will agree 100% that the move-away is in the child's best interest. One parent may try to improve the odds of getting approval by getting a restraining order, in order to get a "presumption change," i.e. a legal presumption that custody should be with the moving parent alone. Such actions can make the attempted custodial move-away a high stakes risk for both sides. There is no question that the actions that you take as a parent can increase or decrease the odds of getting such an order.
If a request for a move-away may be on the horizon, you should get advice now! The Law Offices of Maynard & Hogan is prepared to educate you about your rights in this type of a situation and to assist you with achieving the best result for both you and you children.
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