What happens with custody when one parent moves out of state?
If a parent has sole custody, he or she may be able to move if access and visitation rights can be worked out with the other parent, or if the court gives its permission. In those cases, the parent who wishes to move with the child will likely need court approval to change the agreement or order.
Can a parent move out of state after a divorce?
Many parents move following a divorce, whether to begin a new job or a new life. A judge can’t force a parent to remain in the state following a divorce. A custodial parent has the right to travel freely and even relocate with a child under certain circumstances.
How do you stop a custodial parent from moving out of state?
Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.
How does the judge decide who gets custody?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
Does the mother always win custody?
Many mothers receive full or primary custody of their children. The child has a right to be cared for by their parents, and this includes financial support, and both parents retain this responsibility when they separate.