Q: One parent’s interaction with children decreases significantly if a custodial parent moves away with the children. How to prevent a custodial spouse from moving away with the children?

A: If your case is settled by an agreement, then your lawyer may be able to negotiate a non-relocation agreement to prevent the other parent from moving away with the child/children. Without such an agreement the standard for relocating with the child is determined along with “the child’s best interests.” The court then weighs the impact of the child’s move (including lesser visit time with the other parent, educational effect, and social relationships) against the reason for relocation. In order to relocate, a custodial spouse must show that this relocation is to be in the child’s best interest and not simply the interest of a custodial parent.


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©2010 Michael S. Weisberg, P.C., All Rights Reserved, Reproduced with Permission
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