Relocation and Child Custody

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Most Common Family Law Issues:

Can I Move My Child out of State If My Former Spouse Has Visitation Rights?

You may be able to move out of state with your child. However, this will depend upon the child custody laws of your state and the particular details of your situation. Since there are numerous types of child custody orders, the matter typically goes before a court.

In determining the outcome, a court will focus on determining the best interest of the child. The court may also place the burden on either the custodial or non-custodial parent to prove what would be in the child's best interest.

Most states will allow the custodial parent to move with the child as long as the move is in the child's overall best interest. Beneficial interests may include:

What Does a Court Consider to Determine the Child's Best Interest?

No matter who has the burden of proof, the courts typically attempt to balance these three factors:

The court also considers whether:

Do I Need a Family Lawyer for My Child Custody Issue?

If you or your former spouse were considering relocating with your child, it would be wise to consult with a family lawyer. Working with an experienced family lawyer can help you understand your rights and help you understand the complicated child custody system in your state.

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Last Modified: 02-05-2015 12:35 PM PST

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