The Law Offices of James A. Cuddy, LLC

What happens if the other parent wants to move with the child?

Who wants to move during the holidays? It is something that most people don't do because of all the family gatherings, school events and financial pressures that come during this time of year. However, there are some people who do it, whether it is for a new job, to get closer to family or to escape a toxic relationship.

As complicated as relocations can be, they can become that much more difficult when children are involved. The sudden changes may not be good for a child as they crave structure and predictability. Moreover, one parent may be opposed to the move, since it may affect the amount of time they would be able to spend with the child. 

Family court judges believe that a child is best served when both parents have an opportunity to be in the child's life. Because of this, custodial parents who seek to move with a child may have to seek permission from the court before doing so. This is because a parent who is notified about such a move can petition the court to prevent the custodial parent from leaving the jurisdiction.

If a non-custodial parent asks a court to review the move, the court will consider a number of factors, including, but not limited to:

  • The distance of the move
  • The reasons for the move
  • The affect the move will have on the relationship between the child and the non-custodial parent

If you are a relocating parent, or believe the other parent is looking to move against your wishes, contact an experienced family law attorney. 

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