How Parent Relocation Affects Child Custody Orders
How will My Relocation Affect the current Child Custody Order?
- The age and level of development of the child, as well as their desires to change residences
- Educational and other opportunities for the child in the new location
- The custodial parent’s motives in changing residence (should not be for the purpose of frustrating the non-custodial parent’s visitation rights)
- Any subsequent changes to visitation and accessibility of child
- Previous restrictions or specifications contained in the original custody order, especially restrictions on travel
Do any States have unique Child Custody Laws?
- Colorado: Colorado courts grant a presumption in favor of the parent who wishes to relocate. Also, the non-custodial parent generally has the burden of proving that the move does not serve the child’s best interest.
- Nevada: Nevada is one such jurisdiction which concludes that an out-of-state move requires an analysis of the child’s best interest.
- Georgia: Custodial parents who intend to move out of the state of Georgia are required to provide a minimum number of day’s notice to leave the jurisdiction.
- Louisiana: While a relocation of the child does not automatically result in a modified custody order, it is considered a major factor in determining whether there has been a sufficient change of circumstances.
- Florida: Florida courts have held that an insignificant change in location such as a move to a nearby county does not require a modification to the custody order.
- New York: New York courts defer to the custodial parent’s intent to change location, as long as the motivation is not to interfere with the non-custodial parent’s rights to visitation.
- Maryland: Maryland courts place the burden of proof upon the custodial parent to demonstrate that the relocation is not contrary to the best interests of the child.
- Pennsylvania: Similar to Florida in that minor relocations will not result in a modified custody order.
Should I hire an Attorney to review the Child Custody Order if I plan to relocate to a Different State?
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Last Modified: 05-20-2013 02:09 PM PDT
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