Moving your child: Define your reasons before court

On Behalf of | Mar 31, 2015 | Family Law Issues |

Do you legally have the right to move your child away from where your ex-spouse or ex-partner lives? There are a few things that have to be considered before you’d be allowed to leave.

The first thing you need to do is to develop a solid plan of action. What will happen when you move? Do you already have a job and apartment or home lined up? Are you moving because you’re going to get married again? Are you pregnant by your new spouse, and are you going to live with him?

These kinds of questions need to be answered for the court. In addition, the best interests of your child have to be considered. If you can show better schooling, a family support system and how your child will maintain contact with your ex, then the court may be more likely to rule in your favor.

You do need to consider the fact that it could be frustrating for the other parent to not get to see their child, especially if there is no emotional or physical reason to prevent these visits. If a court believes you’re trying to take your child away in an attempt to break contact despite your ex-spouses legal right to visitation, then your motion to change your visitation plan may be denied.

If you’re considering moving to another location, you need to think about why you’re doing it and what it means for your child. Our website has more information about this delicate topic for you to explore. Remember, you need to do the right thing for your child.


FindLaw Network