Move Away Cases -- Move Away Madness in Child Custody Proceedings

[jana chenoweth]

When a custodial parent in a child custody proceeding requests a move
away order from the court allowing him/her to move away a significant
distance such that it would interfere with the noncustodial parent's
visitation and his/her contact with the children, this is commonly
referred to as a move away case. A move away case is one of the most
difficult cases for the family courts to hear because the request by
the custodial parent to move away with his/her children often has a
negative impact on the amount of time and frequent and continuous
contact the children will have with the noncustodial parent. Some
jurisdictions are permissive in how they rule on move away cases and
other jurisdictions are more restrictive. States in which the
statutory language and case law pertaining to move away cases is more
permissive may result in having more permissive rulings on move away
cases. In such states, there may be a strong presumption that the
parent that has primary physical custody of the children has the right
to move away with the children and the burden to prevent the move away
rests squarely on the noncustodial parent to make a showing that the
move away is done in bad-faith or the move away would be detrimental
to the welfare of the children. Further, states that are more
permissive in how they rule on move away cases may not require the
custodial parent to show that the move is expedient to the child's
welfare or even necessary. In other words, if the move away is good
for the custodial parent, then the move away is presumed to
automatically be good for the children. As a result of such a high
burden being placed on the noncustodial parent to prevent the move
away, affecting a move away case has become the perfect battleground
for some custodial parents to alienate the noncustodial parent from
his/her children. In other jurisdictions, the statutory language and
case law pertaining to move away cases may be more restrictive and a
higher burden is placed on the custodial parent seeking a move away
order to demonstrate that the move away is in good-faith, necessary,
expedient to the welfare of the children, and/or in the best interest
of the children. In such states, rulings regarding move away cases may
result in more restrictive move away decisions. Overall, move away
cases often have an all or nothing feel to them, especially for the
noncustodial or left-behind parent. A move away case can change a
child's relationship with the left behind parent and it may never be
the same as a result of a move away. A move away case is not about
whether or not the parent can move away, it is about whether or not
the parent can move away with his/her children. If you are seeking a
move away order or trying to prevent a move away order you would be
wise to consult an attorney to find out if your jurisdiction is more
permissive or restrictive in how they rule on move away cases. ? 2006
Child Custody Coach...

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