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Move
Away Cases -- Move Away Madness in Child Custody Proceedings
by Steven Carlson
When
a custodial parent in a child custody proceeding requests
a move away order from the court allowing him/her to
move away a significant distance such that it would
interfere with the noncustodial parent's visitation
and his/her contact with the children, this is commonly
referred to as a move away case. A move away case is
one of the most difficult cases for the family courts
to hear because the request by the custodial parent
to move away with his/her children often has a negative
impact on the amount of time and frequent and continuous
contact the children will have with the noncustodial
parent. Some jurisdictions are permissive in how they
rule on move away cases and other jurisdictions are
more restrictive.
States
in which the statutory language and case law pertaining
to move away cases is more permissive may result in
having more permissive rulings on move away cases. In
such states, there may be a strong presumption that
the parent that has primary physical custody of the
children has the right to move away with the children
and the burden to prevent the move away rests squarely
on the noncustodial parent to make a showing that the
move away is done in bad-faith or the move away would
be detrimental to the welfare of the children. Further,
states that are more permissive in how they rule on
move away cases may not require the custodial parent
to show that the move is expedient to the child's welfare
or even necessary. In other words, if the move away
is good for the custodial parent, then the move away
is presumed to automatically be good for the children.
As a result of such a high burden being placed on the
noncustodial parent to prevent the move away, affecting
a move away case has become the perfect battleground
for some custodial parents to alienate the noncustodial
parent from his/her children.
In other jurisdictions, the statutory language and case
law pertaining to move away cases may be more restrictive
and a higher burden is placed on the custodial parent
seeking a move away order to demonstrate that the move
away is in good-faith, necessary, expedient to the welfare
of the children, and/or in the best interest of the
children. In such states, rulings regarding move away
cases may result in more restrictive move away decisions.
Overall,
move away cases often have an all or nothing feel to
them, especially for the noncustodial or left-behind
parent. A move away case can change a child's relationship
with the left behind parent and it may never be the
same as a result of a move away. A move away case is
not about whether or not the parent can move away, it
is about whether or not the parent can move away with
his/her children. If you are seeking a move away order
or trying to prevent a move away order you would be
wise to consult an attorney to find out if your jurisdiction
is more permissive or restrictive in how they rule on
move away cases.
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©
2006 Child Custody Coach
Child
Custody Coach supplies information, online materials,
and coaching services to parents in the field of child
custody, namely, divorce, child custody and visitation,
child custody evaluations, 730 evaluations, parenting,
and all issues related to child custody and divorce.
"How
to Win Child Custody - Proven Strategies that can
Win You Custody and Save You Thousands in Attorney Cost!"
is a unique child custody strategy guide written by
The Custody Coach and made available by Child Custody
Coach in an easy to read, understand, and apply E-Book
format. Custody Match is an online consumer and family
law attorney matching service to help you in your search
for the right attorney for your divorce or child custody
case.
Custody Match can help you find the right family law
attorney, divorce lawyer, or child custody attorney
in your area.
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this article is not to be construed as legal advice.
Steven Carlson, The Custody Coach is not an attorney
and does not provide legal advice. If you are seeking
legal advice you must consult a licensed attorney in
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matter. Child Custody Coach provides information only
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