In a divorce proceeding, a “move away” proceeding is when one parent wishes to move away with the kids. Moving away can entail leaving the county, state or country. It is a very difficult decision for a judge to have to make. These types of custody disputes take their toll on everyone. They are expensive, take a long time, and usually result in one party being very disappointed.
The type of custody arrangement that the parents have can affect the test that is applied by the trial court. For a parent worried about the other parent moving away, an actual arrangement of 50/50 custody or something close thereto is probably beneficial. But every custody fight has its own characteristics and generalizations are hard to make.
Courts have taken the position that the actual custody arrangement must be considered, and not the one “on paper.” So, if your agreement calls for joint custody, but the actual arrangement is that dad has the kids 20 percent of the time, it is the actual arrangement that is likely to be considered. It is therefore important for both parents to keep good records of the visitation schedule. Please keep in mind that even if one parent has sole physical and legal custody, the other parent still has the ability to challenge the move away request.
The courts look at a number of factors in order to make this very difficult determination. One factor is whether the parent seeking to move is trying to frustrate the other parent’s custodial rights. The courts also focus upon the effect the move away is likely to have with regard to the other parent’s relationship with the child. And of course, the age of the child and the child’s preferences can play a big part in the equation.
It is not uncommon for a child custody evaluation to be ordered so that an expert can evaluate the child’s best interests and report to the court. In some cases, minor’s counsel is appointed to speak for the children.
For questions about move away custody litigation, and all of your family law needs, call the Law Offices of Richard A. Marcus at 661-257-8877.