A “move-away” child custody case, also known as a “removal” case, involves a situation where one parent desires to move out of the city or state that they live in with their child, leaving the other parent behind. In all such cases, a court order approving the move must be granted before the moving parent can relocate, unless the parent left behind provides written permission.
Move-away and removal cases are notoriously difficult to win no matter the circumstances. Out of all cases that are heard by family law judges, these cases are the most difficult because the judge is forced to make a decision that separates a child from one parent.
Parents that desire to relocate should follow these four tips to provide them with a better opportunity for success in their petition to move out of the city or state with a child. Of course, the law varies from state to state as to what is required for a court to decide to allow a move, but these tips are intended to generally apply to every circumstance.
4 Tips for Winning a Move-Away Child Custody Case
Tip 1: Make sure there is a good reason to move
Your case is going to be decided by a judge who is a human being. Notwithstanding the fact that most states have statutory or case law that requires a find that a move is for a good reason and there is a better opportunity for the child in the proposed destination, judges will scrutinize why a parent wants to move and thereby separate a child from a parent. If the moving parent just wants to move closer to a boyfriend or girlfriend, for example, good luck getting a judge to permit the move. If the move is to allow the parent to be closer to family or for a better paying job, the chances of success increase.
Tip 2: Know what factors the court will consider
Most states have specific factors that every judge must consider when presented with a move-away petition. Know what these factors are ahead of time so you can be sure that you have solid and convincing arguments for each factor. Most courts generally consider the following factors:
- The distance of the move
- Which parent is more likely to facilitate the other parent’s relationship with the child
- The ability of the parents to communicate with each other
- The reasons for the move
- Whether the move is solely intended to spite the non-moving parent
- Whether the child will suffer detriment if forced to move
- Each parent’s relationship and bond with the child
- The current custodial arrangement
Tip 3: Understand the procedural process for your specific court (timing considerations)
Every state and every courthouse varies in the procedural process for a move away or removal case. Some courts require an independent investigation and report before making a ruling, which is usually conducted by a child psychologist or other similar professional. Other courts require an evidentiary hearing where oral testimony is taken before a move is even considered. Some courts require mediation. Whatever the case may be for the courthouse and judge assigned to your case, understand the procedure. It can take months or more than a year to complete a move-away case, which is an important consideration if you have a timeline for moving.
Tip 4: Seek legal advice, even if limited in scope
Because move away cases are extremely difficult, and the law for every state has incredible nuance, it is always advisable to seek the help of an expert in the field. If you don’t have the funds to hire a family law expert to represent you in your case, hire an attorney familiar with move-away cases in your jurisdiction just to guide you through the process and give you information. The expert will be able to tell you what factors the court will consider, what timeline to expect, and they can also provide you with strategic advice.
I think the biggest thing that needs to be understood is the timing it takes for these to process. My sister is moving away and needs to get a family lawyer for this reason I feel. I’ll have to send her this article and see if it better helps her out. Thanks so much for sharing this awesome guide!
My wife and I are going through a divorce and I really need some help with my child custody battle. I really liked your tips for knowing what factors the court will consider. I think that keeping this in mind will help me find a good child custody attorney. Thank you for sharing. http://www.utah-lawfirm.com/family-law/
It seems like knowing what factors that court might take, as mentioned in the article, is what can be quite nervous. I say that because it has me thinking about my cousin’s situation where he’s trying to fight for child custody over his son. He know very little about family laws and I’m guessing that’s something that he’ll need to start learning more about before his next appointment at court.
Ever since my ex husband and I got divorced we have been having some issues with child custody. We obviously both want what is best for our kids, but he is thinking about moving out of the state. I definitely don’t want him to take the kids away, so I really liked what you said about knowing what factors the court will consider in these sorts of cases. I think this will really help me out if he does decide to move. Thank you for the advice. www.shoun.com/family-law/northern-virginia-child-custody-lawyers/
Winning at Custody is one of the most difficult issues parents confront in divorce.
1. Make sure that you are not exposing your children to unsafe or unhealthy environments when they are with you.
2. Winning at child custody requires that you keep a calendar for everything. You need to be able to look back and remember details when it comes time to litigage custody.
If you do not know when you had the children, what events you attended, where they were or you were or allof the times your spouse was not timely for a pick up or drop off, you will only hurt your own case.
My husband is thinking about moving away in the middle of our divorce. He’s trying to get full custody and doesn’t want the children to be near me. I think I might be able to use that in court. Because I don’t think he has a good reason for moving.
I must say this is really a worth reading post.. Apart from this, as a moving parent, if you wish to move with the child,you need to care of few things to win your case.
• If you don’t already have sole custody of the child, try to renegotiate so that you have sole physical custody;
• Support the child’s relationship with the other parent;
• Keep a record of the times that the other parent does not stick to the custody arrangement. This includes missing visitation, or failing to uphold his or her responsibilities under the custody order;
• Research the benefits of the place you’d like to move, like housing, schools, and safety;
• Have a good reason for moving, like a new spouse, extended family, or a new job.
I’m in the child custody portion of my divorce. My ex-husband thinks that he’ll be able to move out of the state with our kids. Where does this leave me? I want to be able to see my kids more than just a once every few weeks or months. I’m actually hoping that he won’t know most of these tips. What do you suggest for me as the parent being left behind?
Also keep in mind for successfully defending a request to relocate !
Hey,
Nice post!!
I completely agree with you that child custody lawyers are very crucial nowadays. Child custody lawyers are actually family law lawyers whose specialization includes helping their clients to negotiate their children’s custody.
These lawyers are generally preferred in cases involving children mostly post-divorce. The Custody lawyers help the client with negotiations with the other party involved. Thanks for providing these great tips.
I am so glad that I came across this article. My sister is finally getting a divorce from her husband and she is trying to get custody of her kids. I’m not sure how the whole process is supposed to work but I think that these tips will really help her through it. Thank you for sharing!
I like that you mentioned that every state has a set different things every judge must consider. I think that if I was going to try to gain custody of children then I think that a professional might help. I think that custody is one of the biggest things that cause the parents to go to court again.
I agree that if you are planning to move and are wanting full custody of your children, you should have a good reason to move. You also said that most states have specific factors that every judge must consider. I think it’s a good idea to choose a family lawyer that makes you feel comfortable and confident in your case. www.infocusinvestigations.com/services
You mentioned that it is a good idea to know what factors the court will consider when it comes to a child custody case. My sister is trying to get custody of her children so I’ll have to pass these tips on to her. Her husband has been having some issues with drugs so hopefully, she will be able to win her case.
Very nice post! Thanks for sharing your view with us. Divorce is just not painful for the couple but for the kids as well. The emotional and mental impact it has on the child proves to be negative in the long run. I must say you shared very important tips regarding Away Child Custody case. https://uslanlaw.com/
I’m just being therapeutic.
I’m going through a divorce with a person that went to jail for cocaine consumption and having it on their person.
They are an orphan with a violent adopted family that lives in a house in a slum in the other section of the planet.
I was 18 and at a nude stripper bar and they came onto me, I tried to ignore them because I am from the USA, howeve, they were persistent and then I needed directions and they were the only person willing to help me.
I came home to the USA to establish financial ground to fight for 50% of the custody, however, the other parent is neglecting my mother who is living near them with her second husband who is from their (the reason I was in the area even though I love my home in the USA instead of my step dads hone in south America)
The little girl is scared when yelled at as if angering the adults will cause them to beat her
Says things like they told me not to tell you they wash my private part
Says they do no want me to see you
Says please grandma I want to stay here with you in my house
I’m so far away and I can’t even talk to the little girl unless my mother begs the parent to let her spend a day or two
They threw away their cell phone, lives in a south american slum of 3 world poverty, never finished high school, possibly still smokes marijuana. Their new couple admits that they think they are a cheating liar.
However, I do not know if I should fight for 100% (12 months) of the custody or 50%(6months) or 25%(3 months)
In my world, a parent that touches you doesn’t happen so I want to believe its just shower time, not abuse the baby because, “I’m a sick pervert with no real family and I don’t understand the concept of the private part because I don’t care if I fall in love because I have eaten from the trash and lost all my front top teeth and survive off child support and free medicine that my ex taught me to use after figuring out that I have a denture”, just to explain how heavy my point of view of how that would look in my eyes if they had anything to say about being that possible type of creep (there are laws against it even if that creature doesn’t understand it)
However, perhaps its just shower time.
Perhaps they simply lost their temper trying to gain control rather than understanding how slow their understanding of no was and they hit too hard because they don’t understand how new everything, especially after such a patient parent who believes you can hug your child and then after they finally stopped struggling speak to them and tell them why what they were doing is a no no.
A parent that does military crawls and chases you for a good 45 mins to an hour and spins you in circles because all this parent wants if you to be happy and to enjoy your youth.
An american parent that regrets having an accident but prays they can find a kind solution because this parent was in a divorced family and traveled the USA to see both parents.
To take one from you seems cruel
However the orphan from the slums of south america sees it fit to take this whole family from you and that’s so scary that maybe I should fight for 100% and offer to pay them 1 or 2 visits to the USA under controlled circumstances for the beat of the baby because
I don’t know if I stand a chance and I hate their country
Its poor and dirty
The streets have big holes and are made from dirty jot asphault
My sister is in the USA my aunt and my friends
I love my educational system even though it costs money its better quality.
I know why the immigration to my country is so high
Our land scaling
Our government
USA is my home. My brother was in the Navy my father a Marine.
This is so heavy I needed to tell someone so I told everyone as anonymously as possible.
Thanks for the information regarding child custody and what you need to know in order to win the case. My parents went through a divorce when I was a child and so it is interesting to see the different kinds of things they had to deal with then. It must be hard to fight over the kids; I can only imagine. I had no idea that there are so many different factors that play into who gets the custody of the children. Thanks again!
I wished I would have had this information 5 years ago when my ex and I were going through a child custody dispute and I was trying to relocate to a different state with our son. I was not well informed of what I had to provide the courts to make my case and this caused me to lose. I thought that since I was his mother they would favor me and I was completely wrong. They choose to give my ex custodial rights because they felt that relocating our son would be traumatic for him as he was familiar with the school he attended, the friends in his neighborhood and his surroundings. We are now going through another child custody dispute due to him now wanting to move out of state. Our son who is now 12 wants to live with me so I think this is definitely something in my favor and the fact that there are no benefits for our child to relocate with my ex and he’s wanting to relocate for personal reasons and is not considering our sons feelings. I wish there were attorneys out there that were willing to provide assistance at an affordable price. I’ve contacted many and no one seems to care about your case only the money. These are great tips and I hope they help me win my case this time around.
I never thought about the parents’ ability to communicate with each other as something that the courts will consider during the case. My sister and her ex-husband have been divorced for about three years now and my sister is going to be moving soon. They are most likely going to have to go through a child custody case so I’ll be sure to call her and tell her about this post. Hopefully, the information will be helpful to her. Thank you for sharing!
I really like how you recommend understanding the procedure that the court will follow in your state or town. My brother is going to be getting divorced soon and he wants to move out of state so it will be helpful for him to know that he should research any unique court proceedings. It would probably be a good idea for him to hire a custody battle attorney as well to better help him understand the courts and how they will be working to make a decision on custody.
My boyfriend and I got offered jobs and housing in another state. My child’s father disagrees and doesn’t want me to go, he only gets 8 hours a week. I offered for him to have thanksgiving and Christmas along with two weeks in the winter. I just filed with the court so super nervous.
Wow! All these comments submitted on the same day at the same time. How authentic!!!
Lol.
A Judge in Hawaii denied me the right to relocate with my 3 girls back to the mainland to be closer to family and where the cost of living is much lower. I was REQUIRED by the custody evaluator to establish a job and housing before the trial ever began. I was also REQUIRED to check out the schools and their ratings, and prove the cost of living was cheaper. I did all that I was REQUIRED to do to prove that I could give my girls a happier and better life on the mainland. My ex also said that he would move too if I was allowed to move. We have been here for 15 yrs and very seldom get to travel to see family due to the high cost, my family has a hard time traveling due to cost and their ages and health issues. The judge did not let me use my documents as evidence and I was denied to relocate. The Judge said just because the cost of living is cheaper in my town of choice, and beings closer to family would not benefit me or my girls in any way. He basically disrespected my family and I feel that he and the CE were very biased. I would like to fight this decision as I and my girls are very upset with the Judges decision. We desperately want to move back to family. I work 3 jobs just to afford a 800 sq ft 1 bedroom, 1 bath apt. for !550/mo. I had a job lined up and a 1300 sq ft 3 bedroom, 2 bath apt set up in my name for $1300/mo. I had to call and decline both of them because the Judge was biased, and wouldn’t even listen or even read my documents that proved the move would be beneficial. Hawaii judicial system is crooked and very biased. They don’t want anymore people moving out of Hawaii.
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