If you are trying to move your child out of state or a significant distance away and cannot reach an agreement about the relocation with the other parent, the court has the right to determine whether you can move. There are often advdantages and disadvantages regarding the relocation of a child during a custody case. So, if the advantages outweigh the disadvantages, the court will likely permit the move.

The court will have to determine whether, in the judge’s opinion, the move is in the best interest of the child. In a move-away case, there are a variety of factors the judge will consider when making this determination, including:

1. What are the advantages of the relocation in terms of improving the life of the child?

This factor looks at how the move will make life better for the child. Examples may include moving closer to the parent’s family so there is a better support network, whether the schools are substantially better in the new location, or if the weather in the new location might help a chronic health problem the child has.

2. What are the motives of the primary custodial parent in seeking the move?

Sometimes, a parent will attempt to move out of state to avoid court rulings or to make visitation more difficult. These are certainly negative reasons to move, and the court will not look favorably on them. However, if you have a legitimate reason to move, such as for a new job, safer neighborhood, or better school district, your motives will be viewed as having a positive impact on the child.

3. What is the likelihood that the primary custodial parent will comply with visitation orders?

Depending on how far you are trying to relocate, visitation could become difficult. A visitation and travel agreement will need to be worked out with the other parent. The court will consider how likely you are to comply with the visitation agreement and assist the other parent with their visitation rights and arrangements.

4. Does the noncustodial parent have a reason to resist the relocation?

Sometimes a noncustodial parent may have legitimate reasons to resist the child’s relocation. If the noncustodial parent has a concern about how the relocation will affect the child or their relationship with the child, they will likely hire an attorney to help them present a strong argument against the relocation. You should always keep the child’s best interests in mind, but if you believe the noncustodial parent would be wrong to resist the relocation, hire an experienced family law attorney for help supporting your move.

5. Will the relocation significantly weaken the noncustodial parent’s relationship with the child?

Another reason a noncustodial parent may oppose the relocation is if they are concerned that it may have a serious effect on their relationship with the child. The stress and hassle of long-distance visitation and travel arrangements can make visits less frequent, shorter, and less enjoyable. If the relocation is likely to have such a negative effect on the relationship between the noncustodial parent and child, the court may deny the request. In this case, it is important to prove to the court that you will do whatever is necessary to help the noncustodial parent foster their relationship with your child.

The judge should consider all the factors outlined above, and no one factor trumps the others. There may also be other factors to bring up when considering a move or opposing a move, depending on the facts of your case.