When a divorce occurs and a parent wants to relocate, he or she can encounter problems if the relocation is out of state. Typically, moving out of a jurisdiction without a noncustodial parent’s consent is disallowed because the original state would lose its jurisdiction over the case, and the noncustodial parent’s relationship with the child would be adversely affected.
In most cases, the same laws governing in-state and in-country relocations apply to a parental relocation out of the country. Since states handle custody matters, every state treats custodial relocation differently. Today, most states allow relocation unless the move was done maliciously or to prevent the noncustodial parent from seeing the child.
Some states have held onto the view that parents should not be allowed to relocate unless doing so is in the child’s best interest. The criteria for such a determination are stringent, and requires the custodial parent to prove that the move would improve the child’s quality of life. Other states have allowed relocation unless it would have a negative effect on the child, and still others evaluate cases individually.
Is it Simpler to Move to Some Places than to Others?
As a Divorce Lawyer in Carrollton GA may tell you, the answer to this question depends on the state in which you live, and the country to which you wish to relocate. Countries such as Mexico and Canada are easier to move to than states within the US, if the country is a geographical neighbor to the state of residence. However, some states do not allow relocations if the move would deprive the child and noncustodial parent of a relationship.
Legal Remedies for Noncustodial Parents
Depending on the way the state handles the case, noncustodial parents may be able to take steps such as proving that the relocation is not in the child’s best interest, or requesting a change of custody.
I Want to Move out of State. Do I need an Attorney?
Child custody disputes are complex, and without the noncustodial parent’s consent, moving to another state or country can be difficult. The degree of difficulty depends on the jurisdiction in which the case occurs. If you Click here, you can hire a Divorce Lawyer in Carrollton GA. By doing so, you will gain a better understanding of the state’s approach, and you can get a relocation request granted under the right circumstances.
