Out-of-State Moves with the Child
The right of a parent to move out of state with the child is another area of law on which states are divided. In times past, most states automatically would allow the custodial parent to move wherever he or she wanted with the child.
In recent years, some states have placed restrictions on the right of the custodial parent to move with the child. These states have a strong policy in favor of preserving continuity in the relationship between the child and noncustodial parent, and courts in these states are reluctant to allow the custodial parent to move with the child over the objection of the noncustodial parent unless there is a very good reason for the move.
In these states, the law may say a child cannot be moved without permission of the other parent or permission of the court. A parent who seeks to move with the child may be required to give notice (such as sixty days) before a proposed moving date.
The law in this area is shifting. Several state legislatures are considering new standards for determining when a parent can move out of state with the child. Regardless of the law in a particular state, there are several factors that courts consider when deciding whether to allow a move with the child:
- Custodial parent's reason for the move. If the parent who seeks to move with the child has a good faith reason for the move, that is a positive factor in favor of the move. Good faith reasons include: obtaining a better job, joining a new spouse, and moving to be near extended family. If a job change is the basis for the move, the plan for a new job should be specific, not just a general hope of finding new employment. The main bad faith reason for moving is to deprive the noncustodial parent of contact with the child. If the court believes the main reason for the move is to diminish contact between the child and the noncustodial parent, the court is not likely to allow the move.
- Noncustodial parent's reason for opposing the move. If the noncustodial parent has a good reason for opposing the move, that is a factor in favor of denying permission for the move. The main good reason for opposing relocation is the child's close relationship with the noncustodial parent and the disruption of frequent contact between the child and noncustodial parent that would result from the move. If the noncustodial parent is not close to the child or has not regularly exercised visitation, the court is more likely to allow the move.
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Guide to Family Law
Copyright © 1996, 2000 American Bar Association
