When a custodial parent wants to move away from the noncustodial parent, they may need permission from the Court if the noncustodial parent opposes the move. In this situation, the Court will look at the following factors before approving a move away order:
- The age of the children at the time of the move.
- The current custody and visitation arrangement.
- The distance of the move and ability of visitation with the other parent.
- The wishes of the children, if they are mature enough to hold an opinion.
- The stability of the child’s environment and how it will be affected by a move.
- The relationship of the children and the parents, and how this will be affected by a move.
- The relationship of the parents and their ability to communicate and cooperate in the best interest of the children.
- The reasons for the move. For example, if the custodial parent is trying to alienate the children from the other parent, the Court is not likely to grant an order allowing the move.
In summery, the requesting parent will need to show the Court that a move is in the best interest of the children, before the Court will make an order to allow it.