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The basics of obtaining a relocation order

On Behalf of | Feb 7, 2017 | Child Custody |

A relocation or “move away” order is a court order that allows parents to move their children to a new residence either in the same state or out of state. Relocation orders are, typically, difficult to obtain because the court is loath to allow one parent to remove the child from the immediate access to the other parent. The courts accept the general notion that it is in the best interests of the child if both parents participate in his life, therefore relocation orders that break that mold is difficult to obtain.

The easiest way to obtain a relocation order is with the consent of the other parent. You can get their consent through a written agreement or at court before the judge. Absent their consent; you need to show good cause for the move.

Good cause means you have a good faith belief that the move is in the best interests of the child. For instance, it is cheaper in the new area; you are moving to be closer to family, you got a new job, you need to continue your education, etc. There are any number of reasons that justify moving away; you just need proof to substantiate it. You cannot submit evidence that you want to remove the child from the care of the other parent, that is a bad faith reason to move (unless the parent is abusive, but you can terminate rights without moving).

As you can see, you can obtain relocation orders they are just difficult to meet the initial burden of proof. A lawyer can help you gather the necessary evidence to prove your case. Remember, the only concern of the court is what is in the best interests of the child. Therefore, all of your evidence needs to demonstrate the moving away will help the child.