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Child Custody in Parent Move-Away Legal Cases

Posted on July 24th, 2015

When parties are separated, an issue that can often arise is one of the parents wanting to re-locate. Whether it’s to another city, state, or country this can cause problems with visitation and can greatly affect one parent’s relationship with the children involved.

These situations are not only logistically difficult but also extremely emotionally difficult for all the parties involved. What comes with a move-away case is a very complicated and fluid legal issue. Family law attorneys should at least be consulted to gather more information on how the law will apply to the specific facts and circumstances that surround your case.

What will ultimately dictate a move-away case, is whether or not the moving party has sole physical custody or joint physical custody.

If the moving party already has an existing order for sole physical custody, then generally they are free to move-away with the children unless the other party can show that the move-away would result in harming the children. This is very difficult to show, but again, the interests of the children are paramount to the court.

If the parties have joint physical custody, the parent seeking to move away with the children must show that the move really is in the best interests of the child and demonstrate just how great the child will benefit from this move.

The courts will ultimately base this decision on what the current custody orders are, how the relationships have been between the parties and the wishes of the children. If the move greatly benefits the children, then there is a possibility of a move-away request being ordered by the court. As long as there is a great benefit to the children, one parent can move with the child down the street, to another city, state, or even out of the country.