What happens in a child custody relocation case?

Cordell & Cordell Divorce Lawyer. A child custody relocation case, where one parent wishes to move out of state with the child, typically involves a trial where the left-behind parent can make a case for why the other parent should not be allowed to relocate with the child.

How to get a court order to move?

Part One: show the court a legitimate reason to move. Part Two: show the court that the move is in the best interests of the child. There are several legitimate reasons that a person might want to leave the state with a minor child.

How can a parent fight a relocation notice?

If a parent would like to fight the relocation, he needs to file a formal objection to the relocation notice and ask the court to determine that either the other parent does not have the right to relocate the children under the divorce decree and/or that such a move is not in the children’s best interest.

How to move your child out of State?

Cordell & Cordell understands the concerns men face during divorce. Where I practice, a parent wishing to move with their child out of state has to pass a two-part test. Part One: show the court a legitimate reason to move. Part Two: show the court that the move is in the best interests of the child.

Why are relocation cases so difficult to win?

Relocation cases are some of the most challenging types of family law disputes. It can be especially difficult when one parent opposes the move, and children feel caught in the middle. Each state has enacted parental relocation laws to minimize the potential hardship on parents and children.

Can a relocation agreement become a court order?

The relocation agreement should spell out visitation dates and transportation expenses. If the judge accepts it, the agreement will become a court order. Sometimes, parents just can’t agree. Those cases will require a court hearing, where a judge will make the final decision.

Can a noncustodial parent object to a relocation?

Once notified of an impending relocation, the noncustodial parent will have a certain amount of time to file an objection with the court. Can Parents Agree on a Relocation and Avoid Court?

How does a judge decide on a custodial parent relocation?

A judge may consider the following factors in deciding whether a relocation is warranted: any other factor affecting the children’s best interests. Most importantly, a judge will want to ensure that the custodial parent isn’t relocating to prevent the other parent from seeing the children.

When is it a reasonable request to move?

It may also be difficult to ascertain when a move for yourself would be a reasonable request. Child custody laws vary by state, and the kind of legal and physical custody you have will determine the level of involvement of the court.

Do you have to go to court for relocation?

Work out how he would have time with your son. If you can get him to agree, it won’t be a problem. If not, you will have to go to court and will need to show the relocation is in your son’s best interest.

Why does my ex wife want to move out of State?

You indicated that one of the reasons you’re concerned with the move is that your children’s education will suffer. While it’s up to your ex-wife to prove that the proposed relocation will benefit your children, you should also be prepared to tell your side of the story.

Can a judge order an ex to move away?

Because you’re both asking for major changes to the current custody plan, it’s unlikely that you’ll reach an agreement. Assuming you and your wife remain at odds, you’ll have to ask a judge to decide. Like any matter that involves children, the court’s primary concern in move away cases is what’s best for the children.

Can a family court judge deny a move away request?

However, you cannot change the residence of your child without an agreement with the child’s other parent, or the order of a family law court. In recent years, the California Supreme Court has given judges in family courts wide discretion to deny move-away requests if the relocation would prejudice the rights or welfare of the child.

How to win custody in a move away case?

If you’re looking to keep child custody in your move-away case, remember to keep these four tips in mind to help you gain custody. A “move-away” child custody case, also known as a “removal” case, involves a situation where one parent desires to move out of the city or state that they live in with their child, leaving the other parent behind.

Can a judge order a parent to move away?

Notwithstanding the fact that most states have statutory or case law that requires a find that a move is for a good reason and there is a better opportunity for the child in the proposed destination, judges will scrutinize why a parent wants to move and thereby separate a child from a parent.

What to do if ex wants to move away with kids?

Learn more about what to do if your child’s other parent is planning to move away with the children. My ex-wife and I divorced 5 years ago, and we have two children together. We went to mediation and agreed she would have sole physical custody of our children, but that we would share legal custody.

What happens if a minor is moved without permission?

If the custodial parent moves the minor child without court permission and against the noncustodial parent’s wishes, a judge may sanction (punish) the custodial parent with a contempt order, which can include fines and jail time. A judge could even change custody arrangements in favor of the noncustodial parent.