Attorney Todd Dwire speaking with staff member in conference room

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Succeeding in a Child Custody Move-Away Petition

On Behalf of | Feb 23, 2017 | Child Custody |

When a couple goes through a divorce, it can be exceptionally difficult when there are children involved. While dividing up a house, cars, and financial assets is already challenging enough, the kids cannot be split up. Ultimately, an increasing majority of couples opt for joint custody. However, there are still many reasons why one parent may end up with primary custody while the other parent receives visitation rights.

This dispute may become renewed if a parent with either joint custody or primary custody needs to move away. While there are legitimate reasons for the move, it can be challenging to succeed in a move-away petition if it seriously impacts the other parent’s ability to see their children. There are a few tips that everyone should keep in mind if they are considering filing a move-away petition with child custody implications.

How Have the Parents Worked Together Up Until this Point?

The first thing that every judge is going to consider is whether or not the move is being made simply to spite the other parent. To examine this possibility, the judge is going to look at whether or not the parents have facilitated the visitation rights of the other parent. They will want to see evidence that the parents have been working together in a manner that benefits the children since the divorce went final. If the parents have been flexible with each other, the case has a better chance of succeeding.

What are the Reasons for the Move?

Once the judge has cleared the first hurdle, they are going to want to see why the other parent wants to move away with the children. Perhaps there is a sick family member involved that requires constant care. Maybe the parent got offered a better job that leads to a significant salary increase. These are both common reasons that people might request to move away with the children.

What is the Impact This Will Have on the Kids?

The judge is going to wonder what kind of impact this move is going to have on the children. A higher paying job could lead to a better lifestyle for the children. Maybe the new move has access to better schools. These are positive factors that will increase the chance of a successful petition because they represent positive impacts on the children. It is important that people take the time to demonstrate that the move is going to have a positive impact on the lives of the kids.

Ultimately, the judge is going to make a decision with the best interests of the children at heart. If the petition can clearly state that the move is going to be of substantial benefit to the children, the case is more likely to get approved. Because there are so many unique challenges that affect move-away child custody petitions, it is important that everyone involved in a petition takes the time to hire an experienced attorney. Your attorney will be able to help you navigate the particulars of your individual case.


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