When it comes to child custody, move away cases are often the most emotionally challenging aspects of divorce. All too often most experienced lawyers see these types of cases result in a bitter diversion between spouses. Whether you’re the parent looking to move away to start a new life or the parent staying behind, you will need to fight your spouse to keep your children by your side. Unfortunately, this fight is most often expensive, complicated, and time consuming.
Our seasoned relocation lawyer knows how to win a move away case. In this article we’ll discuss what we know to help you prepare for the proceedings. Contact the Law Offices of Rick D. Banks today to discuss the specifics of your case.
Moving Away Seriously Disrupts Most Child Custody Schedules
In any custody case, having a stable custody arrangement is one of the most important factors. Furthermore, the court will use the status quo of a situation as a fallback whenever there is doubt in determining a custody arrangement. That means that most move away cases will disrupt the status quo. This is because very rarely can parents maintain the same visitation schedule after one parent moves out of state. Because of this disruption, you will need to prove that either moving away or staying will serve the best interests of your children.
How Sole or Joint Physical Custody Functions in Move Away Cases
When deciding on a move away case, the court will look at which parent holds sole or physical custody. For example, if the parent seeking to move away has been awarded sole custody by a judge, then the non-custodial parent must prove that moving the children away will cause a detriment to their best interests. Because the moving parent has sole custody, it is assumed that they possess the ability to properly relocate with the children. That example also hinges on the fact that the moving parent gives proper legal notice of their intent to the spouse staying behind.
How Relocation Cases Are Handled Without a Final Child Custody Arrangement
What about move away cases where a final child custody arrangement has not been decided? The court will employ the “best interest of the child” standard. This means that the court will not presume anything for or against both spouses when deciding whether or not it should grant relocation. The court will simply look at whether moving away or staying will serve the child’s best interest.
What Happens If the Move Away Request Is Denied?
More often than not, if their move away is denied, most parents think they can just alter their plans and stay behind. Unfortunately, reality does not always work that way (these issues typically aren’t black or white).
If the court denies a move away request, then they must make their orders consistent with the requesting parent without involving the children. This is because the court will generally not assume that the moving parent will stay behind if their request is denied. That means that the court can give custody to the parent staying behind so that the requesting parent can still move away (without the children).
Does this situation always happen when a move away request is denied? Again, as stated above, these issues aren’t always black and white. Sometimes the law allows conditional move away orders, however those situations are beyond the scope of this specific article. Consult your attorney to learn how to win a move away case under such a condition.
Hire a Child Custody Lawyer Who Knows How to Win a Move Away Case
Because of the emotionally complex nature of move away cases, you need an experienced child custody lawyer fighting on your side. At the Law Offices of Rick D. Banks, we will provide you with the skill and compassion your case deserves. We will take time to figure out your specific situation to help you learn exactly what you’re getting into before litigation. Contact us to learn more about how to win a move away case.