Ask a family law court judge to name the most difficult type of case to decide and most likely she or he will say move-away child custody cases, which in family law parlance means when one party seeks to relocate with her or his child to another geographic area. The requested destination could be a 60-mile move or a 6,000-plus-mile move. After separation, when a custodial parent decides to move, often heart-wrenching decisions have to be made about where the children will live and how and to what extent the other parent will maintain a relationship with them. If a Court grants the move, the non-custodial parent will no longer be able to participate in the day-to-day life of her or his child -- missing out on carpooling, school events, helping with homework and extra-curricular activities. On the other hand, if the Court denies the custodial parent's move-away request and the custodial parent has no choice but to move away from his or her current geographic location, then the child will be separated from the parent with whom the child may have the closest bond. In either situation, the child loses.
- Maintaining stability and continuity in the child's life: The Court will look at the timeshare percentage in the current custody order, evaluate how much time the child actually spends with each parent, how long the custody order has been in place, the child's connections to the custodial and non-custodial parents, as well as to the community (including ties to school activities and friends). In some states, the custody order cannot be modified for a couple of years.
If you are seeking a move-away order or are looking to prevent one, your first step should be to consult with a family attorney with particular expertise in this area. Your attorney will be able to advise you on the factors in your case that may influence the Court, what you can do to support your position and strategies for effectively presenting your case.
Move-aways are expensive -- both emotionally and financially, but our children are invaluable and as parents we will do almost anything to protect and preserve that relationship.