I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
Having custody of a child, especially primary physical custody, is a major responsibility. It also comes with many potential limitations. One of the biggest limitations is that the court has the right to prevent you from moving or to demand an explanation before allowing you to do so. Take a look at what a child custody attorney might tell you about why that is and how to handle a proposed move.
1. Preserving the Best Interests of the Child
The core legal logic behind limiting the ability of a custodial parent to move is based on the legal doctrine of what's in the best interests of the child. When a judge weighs any problem brought to the court's attention, it's important to think about the best interests standard.
This includes, among other things, the belief that a child benefits significantly from being able to interact with both of their biological parents regularly. If one parent decides to move, the court has the right to intervene if it is clear the move would break with this standard.
2. Risks of Moving Without Court Approval
Simply put, there is a risk that the move will be interpreted as a form of kidnapping. Even if the other parent strongly agrees with your decision to move, it's best to contact the court and get everything in writing. A child custody attorney can draw up documents that both parties can submit to the court.
Bear in mind, though, that the judge can still insist on scheduling a hearing. In other words, don't go moving the second you submit the request. Wait for an official yes, even if that means taking some time to go to court.
3. How Can You Move?
You should show the court that significant accommodations will be made, even though it's a judge's right to shrug off claims of accommodations. This is especially the case if the judge feels the arrangement would place an undue burden on the other parent or the child. For example, just being able to pack a kid on a plane and send them on a three-hour flight every other weekend isn't going to cut it.
Generally, it's best to stick with a small move that can easily be justified. Moving across the county, for example, isn't likely to be deemed an imposition. Conversely, moving across the state or out-of-state will be, unless you live in a very small state. Learn more about your legal options by visiting websites like https://www.molnarlaw.com.