If you have physical custody of your child and are considering moving to another state, you may be wondering if you will be allowed to go. You will need to talk to a lawyer about your specific case to get the answers you need, but until then, you should get to know the details a judge may consider before making a decision. The same goes if you do not have custody and are worried about the custodial parent moving away with your child.
Reasons for Moving
The main detail any judge will think about is whether the move is in the best interest of the child. For example, if you or your child's medical needs would be better met in another state with a reputable hospital or renowned specialist, you will have a better chance of being able to move than if you simply want a change of scenery.
Likewise, if you are moving in order to get a better education for your child, or to start working at a job that will allow you to provide more for him or her, you will likely be allowed to move. Getting remarried to someone who lives elsewhere is also often a good reason to move with your child.
If your ex barely has contact with your child, or does not seem to have a relationship with him or her, relocation will probably not be a problem. On the other hand, if your ex is very involved with the child's life, the judge may see that it would be detrimental for you to move. In that case, you may need to make some concessions, such as letting the child stay with the other parent every summer or visit frequently.
Of course, if your ex is involved in the daily routine of your child, and you do not have a good reason for moving out of state, it may be difficult to leave. The judge will look at how the child would be affected by being taken away from loved ones, such as the other parent and extended family. In this case, it might take some convincing that you both need to move, and that you can fill the void that may be left by the absence of your ex.
The child's preferences may be taken into consideration, especially if he or she is older. While the child will not have to testify in court, a judge may have him or her talk to a therapist to find out why the preference is what it is. But in the end, most judges will mostly consider the reason for moving and the impact it will have on the child, especially if the child is young or the preferences do not make logical sense.
If you decide to move without notifying your ex, you may end up in legal trouble, and you could be ordered to return home immediately with the child. To avoid this kind of situation, you should come to Brian D. Perskin & Associates P.C. for help. We can let you know how to present your case to improve your chance of being able to leave the state with your child.