Child Relocation

The topic of child relocation is one that comes up rather often.

Most states they have limited the freedom the primary custodial parent has to just freely move with the child(ren) upon his or her own will. The strict rules that are set in place to prevent relocation without permission are done so to protect the rights of the non-custodial or secondary resident parent. One must keep in mind that the other parent did not divorce his or her child(ren).

That being said, the courts do realize that all situations are very unique and this is why certain factors are addresses when a request to relocate is made. It is the job of the requestor or the moving parent to prove to the judge court that it is in the best interest of the child that the move takes place.

You should also keep in mind that the farther the distance the more difficult it will be to have the judge grant permission, especially if the other parent has been even somewhat consistent with the visitation schedule.

1. Whether the move would be likely to improve the general quality of life for both the residential parent and the child.

2. The extent to which visitation rights have been allowed and exercised.

3. Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.

4. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent.

5. Whether the cost of transportation is financially affordable by one or both parties.

6. Whether the move is in the best interests of the child.


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