Sometimes when a couple gets divorces, one spouse will decide that moving
away from the other will be in their best interests. If children are involved,
moving away is not just an instance of packing up and taking off, but
requires a case in family court. The judge will determine whether or not
it is in the best interests of the children to move away.
Risks of Move-Away Cases
When bringing a case to move children to a judge, there are a few risks
should be considered before asking the judge to grant approval.
Loss of time with child.
If moving the children is done because one spouse wants to move them away
from the other for their own purposes, the judge will determine that the
move is not in the best interest of the children. This can result in a
change of custody or visitation rights.
Loss of time and money.
Move away cases can take months to hear and see through, so any move will
be put off until the judge makes their decision. The fee for a family
law attorney can also pile up due to this length of time and the expenses
of paperwork involved in move-away cases.
The effects of extended court battles is suggested to have an impact on
the psychological well-being of a child. Further, if a child is moved
away from one parent, special considerations need to be paid to how the
child copes with all of the changes. While some children may be fine,
others can experience extreme stress and anxiety.
If a child is moved away without the consent of the court, the spouse
that moved away can face criminal charges, as well as be in contempt of
court for child custody violations. The child may need to return to their
home state in this event.
Any parent that is seeking to move away with their child after a divorce
needs to determine the best interests of the child as agreed upon by the
court. Parents that move away without ensuring that their children's
needs may be placing their custody agreement in danger.