DADI Blog

Move Away Cases (Relocation)

Posted by admin on April 27th, 2006

So you and your spouse have separated and have gone through some type of custody battle for your child, now one wants to move away.  There are a thousand questions streaming through your head, what you should do, how should you do this, and how should you go about doing that.  The best bet in any case is to always get a lawyer if you have any questions and not go about this by yourself.  In some states, you’ll have to agree to this move for anything to even happen, but in most states you won’t have too much of chance if they think it’s best for the child.

Most courts will always look at the child’s attachment to their surroundings and look at if the move will in anyway benefit the child.  The best way to avoid this is to include a relocation clause in the custody agreement.  Simply place a limit on the distance that the person with custody can move away.  Most courts will allow the person with custody a cushion on how far away they can move, but this can differ according to the judge you get.  It should always be about the best interest of the child though, which most judges understand and will act accordingly. 
 
If a parent with custody over a child just ups and moves away things become very hard.  Not only can they run for quite a while without any trace but you also don’t know what is going to happen to the children, their mental psyche will also be damaged.  They can also face charges if they are found.  The issue of moving should be left alone if there are no big things that cause the issue, such as a stalking parent or even a dangerous situation for the custody parent.  The cases always take up a lot of court time and will cost plenty of money.  For these reasons you should only think about moving away if you have a big reason too.  Otherwise you’ll just cause heartache to everyone in the child’s life and the child. 

Most lawyers will advise you on this during the custody battle, make a plan if one of the parents wants to move away, especially the parent with custody.  If the parent without custody moves away they would lose their visitation right.  If the parent with custody wants to move out they would have to get permission from the parent without custody.

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