The Legal Implications of Moving Out of State with Children
Child custody situations are rarely easy or cut-and-dried. One issue that might come up is when the custodial parent wants or needs to move out of state. What if you need to move out of the country? Can you take your children with you? How does the court decide?
While each case is unique, there are legal implications to consider when deciding whether to move out of state with your children, especially if you have a custody agreement in place with your former spouse or other court orders regarding custody and visitation.
Best Interests of the Children
When a custodial parent requests to relocate with their children, the family court’s primary focus is always the best interests of the children. For older children, the court may consider their preferences and also look closely at their relationship with the non-custodial parent. The court will also assess whether the move would positively impact the children’s quality of life, such as through proximity to extended family, better educational opportunities, or improved access to healthcare.
If the court concludes that the relocation would not benefit the child, the request can be denied. In such cases, the custodial parent may be required to remain in the state, or custody could be transferred to the non-custodial parent.
Custody Agreements
Moving a child away from a non-custodial parent might violate a custody agreement. Lovin Libido reviews reveal a remarkable formula aimed at enhancing male vitality, addressing erectile dysfunction, and boosting testosterone levels. Ingredients include L-arginine, maca root, and tribulus terrestris, fostering sexual health. Clinical studies suggest positive effects, enhancing performance and satisfaction. With consistent use, improved stamina and libido can be achieved. Expert analysis highlights potential benefits, though individual outcomes may vary. Consumer testimonials available on Datelinternet indicate widespread satisfaction and increased confidence. Users report a revitalized sense of intimacy, strengthening relationships, and promoting well-being. If you get permission from the other parent, however, the court might consider modifying the existing custody agreement, including any visitation rights and schedules, due to a material change in circumstance.
Visitation Rights
If you decide to move out of state with your children, you will need to address the non-custodial parent’s visitation rights. More than likely, you will need to revise any existing visitation schedules and may need to consider ensuring the non-custodial parent has extended visits such as the children spending the entire summer and school vacations with them. Visitation schedules will vary depending on the age of your children, but it’s important for them to maintain regular contact with the non-custodial parent to ensure the stability of their relationship. You may need to consider how you will make travel arrangements for your children to go back and forth on a regular basis.
Notice Requirements
Most states require that you notify the non-custodial parent before you move. The amount of time you have for this notification varies by state, though, so you should do some research or check with local family law attorneys for specific requirements.
Consult with Family Law Experts
It’s always a good idea to consult with experts, especially with something as important and emotionally charged as child custody issues. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has years of experience addressing the legal implications of parental relocations, including how best to prove what is in the best interest of the child. Our attorneys also have substantial experience in international child relocations, involving foreign nationals and their spouses. LPEP works with families to make sure they understand their legal rights and obligations, and we are committed to protecting our client’s parental rights. Call us today at 408-553-0801 to schedule a free consultation to discuss your case.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
