Author Box
Articles Categories
All Categories
Articles Resources

Moving With Your Child

February 12, 2012 | Comments: 0 | Views: 159

In the field of custody law, we are often faced with the question

"I have custody (or joint custody) can he/she stop me from moving?"

The answer like so many things is "it depends." In law school, every time a member of the class asks the professor a question, his answer is invariably "it depends." This is a frustrating answer for law students wanting a straight answer. After years of legal practice, I have subsequently learned that "it depends," is a straight answer!

The courts cannot "keep" you from moving, because it would be unconstitutional. What the courts can do is keep you from moving with the child, or require that you return with the child after the fact.

This is predicated on the notion that if you move you are probably disturbing the status quo. What? You say you have no "status quo? Well, you do. For custody purposes, the status quo is an amount of time the child spends with the other parent. It can range from chaos; such as playing it by ear, day in, day out, to working under a court order that spells out the days and times in a highly regimented fashion.

When you disturb that status quo, the court will want to know why.

Do you have to move for employment?Are you moving to be closer with your extended family at a difficult time either emotionally or financially?Did you meet the man or woman of your dreams on the internet and you just have to move for true love?

The answer will be a factor for the court to consider. If your disturbance to the status quo makes following a court order impracticable or impossible, you need to give the court as much advance notice as possible. If you wait until the last minute to advise your ex of your moving, you better have found out at the last minute yourself. If you have joint legal custody or shared physical custody, that ups the legal ante. Typically, a move is not the end of the world for you or your ex. If you move within fifty miles and you agree to bear the burden this transportation takes upon the status quo, it probably won't effect your custody. If you move somewhere so far that the visitation arrangement must change, you need to come to the court with a plan.

Custody court is a place where losers don't plan to fail, they fail to plan. If you move so far that transportation is only possible monthly or quarterly, be prepared to have one parent take the school year and one parent take the summer. The court is even likely to do something as simple as adding up the days each parent would have had before the move and putting a plan in place that works out to roughly the same.

What you really need to do if you are a single or divorcing parent, planning a move, is consult a custody lawyer or research carefully. Even which state or foreign country will decide any dispute about your move is a huge legal question. Don't listen to what your friend said or what you found on the internet. This question can potentially cost tens of thousands of dollars, months and months of court, or even possibly get you in the slammer.

If you must move, try to talk about it with the other parent and make arrangements that will make the best of a potentially bad situation. Any Judge will tell you that "if a decision makes both parents feel like they did not get everything they wanted.... it was probably the best decision that could have been made."

Child Custody Lawyers Frederick Maryland by The Custody Place

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Legal Custody


Joint Legal Custody


Physical Custody

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 292

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

A family lawyer provides expertise in issues relating to you, your spouse and your children. These attorneys can help with divorces, child custody, and much more.

By: Anna Woodwardl Legal > Child Custodyl April 25, 2012 lViews: 203

In the middle of a child custody battle, you need all the help you can get. Your divorce lawyer should be able to provide you with all the right legal assistance and support, and that may include a

By: Brian D. Perskinl Legal > Child Custodyl April 23, 2012 lViews: 214

I personally have done something that very few men have ever done. I legally and ethically eliminated $23,000 in back child support debt.

By: Marvin Towlerl Legal > Child Custodyl April 22, 2012 lViews: 190

Parents don't have to be forced to follow a generic visitation schedule provided by the court if they can create and agree on their own schedule. Learn how to customize a visitation schedule for your

By: Kelly A Turnerl Legal > Child Custodyl April 18, 2012 lViews: 250

Children's lives become busier as they grow older. How are divorced parents supposed to share their child's time when the child is barely home at all?

By: Kelly A Turnerl Legal > Child Custodyl April 16, 2012 lViews: 338

Paternity law deals with the legal acknowledgement of a man and their child. This will be based on several factors and isn't half as straight forward as it may at first seem.

By: Katy A Perryl Legal > Child Custodyl April 10, 2012 lViews: 199