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In general, the three main factors the court will consider are 1.) Each parent’s motives for asking permission, or denying permission, to move; 2.) How the move might make the quality of life better for the child and the custodial parent; and 3.) What kind of impact the move, and the new visitation schedule, would have on the relationship between the noncustodial parent and the child.Factor 1: Motives When the court looks to each parent’s motives, they are looking for any evidence that one of the parents might be acting in bad faith, or simply trying to make life hard for the other parent or simply to interfere with the established parenting time.Jack and Jill got divorced two years ago, when their child, Bart, was seven.Jill got custody and for two years, Jack exercised all the parenting time with Bart that he could – every other weekend and one evening during the school week.By Nancy Shannon 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.In general, the parent looking to relocate must give notice to all other individuals entitled to exercise visitation at least 60-90 days before – depending on the jurisdiction – so that the non-relocating party can have an opportunity to object.Then Jill talked to a divorce lawyer and found out that she couldn’t take Bart out of the state, on a permanent basis, without Jack’s agreement or the court’s permission.She wasn’t going to get Jack’s agreement, so she filed an action with the court asking for permission to move with her son to another state.
Part One: show the court a legitimate reason to move.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.To understand how a judge determines the outcome of a custody relocation case, let’s review the case study that follows.Since Jill’s reason to move passed Part One, the court now considers Part Two of the test – the best interests of the child standard The second part of the test has several factors, and they all add up to what the court has titled the best interests of the child.The court will look at each factor and decide if the factor is in favor of mom, in favor of dad, or it is neutral.
(Also, known as “in chambers.”) The judge did not report what Bart stated and did not give either parent any favor for this point. Moving Parent’s Income Considerations The judge next considered with Jill’s income would be enhanced.