When a custodial parent moves across town, visitation rights can still be maintained. However, what happens when that parent decides to move to another state? This often becomes a delicate issue when faced by divorced couples who have a custody order regarding their child.
Courts today believe that this kind of move can be detrimental to the child. After all, a child needs a relationship with his or her mother and father. Some courts require that the custodial parent discuss this move with the other parent and get his or her approval before the move can take place.
The custodial parent must have a really good reason for the move, such as better employment. Once the judge hears the reason, he or she will weigh the expected benefits to the family with the potential disruption to the child, especially if the child has a close relationship with the non-custodial parent. The judge also takes into account whether the move will make visitation difficult or impossible.
If the move is allowed, the court will restructure visitation so the relationship of child and parent can continue. In addition, child support may be reduced to allow for travel expenses.
If your former spouse is moving to another state with your child, contact an experienced Orange County Family Law attorney who recognizes the impact that relocation can have on the most important thing in your life – time with your child.
