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Who Has the Advantage in a Move-Away Case?

Move-away cases arise after a divorce has already been settled, and both spouses have agreed on matters such as child custody and visitation. As circumstances change, one parent may decide that it is more beneficial for themselves or for the child to pick up and move elsewhere. However, one may not simply relocate with their child to another city, country or state without ensuring this move is in line with what was agreed upon in their divorce proceedings.

At Myers Family Law, our experienced Granite Bay divorce attorneys have been providing quality legal assistance for over 25 years. Keep reading to learn more about who has the advantage in move-away cases, and contact Myers Law Firm today for all your family law needs.

Reasons Someone May Begin a Move-Away Case

To be allowed to move somewhere else with your child following a divorce, you must first secure a modification to your initial divorce agreement from a family law court. Do be granted a modification, you must show the court you have a justified reason for moving away. A mere change of scenery will not be a good enough reason in the eyes of the court to change your divorce agreement. Instead, you will need to present convincing reasons relocation is better not only for yourself but for your child:

Move-away modifications are often granted for reasons including:

  1. Your career requires you to move to remain gainfully employed and keep providing a comfortable life for you and your child
  2. Someone in the family has fallen ill and you must move to take care of them
  3. You are moving to a new region for medical reasons
  4. You are moving to be with a new spouse who will help provide a comfortable life for you and your child

Factors the Court May Take into Consideration When Determining Custody in a Move-Away Case

Move-away cases inherently change custody agreements, as the parent requesting the modification to move-away is asking to take the child with them when they move, and therefore, to be granted primary custody. That said, the custodial parent is not always the parent who retains primary custody in a move-away case. Either parent may request a move-away modification, and either may be granted one depending on the circumstances of their case and whether the court believes the move is in the best interests of the child.

The court may choose to grant a move-away modification if:

  1. Your child has a chance to receive a better education
  2. Your child’s health and well-being are likely to be positively affected by a move
  3. You have a chance to make more money and provide a better life for your child
  4. You are moving away to avoid domestic violence

The court may choose not to grant the move-away modification if:

  1. A move would take your child away from their school, friends, and family
  2. Your child’s health and well-being are likely to be negatively affected by a move
  3. Your child does not want to move and would face undue stress due to the moving process
  4. The court suspects a move will benefit you more than your child

Hire an Attorney that Knows How to Fight for You and Your Child. Hire Myers Family Law.

At Myers Family Law, our skilled attorneys have spent over a quarter of a century securing favorable results for our clients. From move-away cases, to child support matters, to annulments, we promise to always work to build a better future for you. When you and your child need legal assistance designed to protect your rights, call Myers Family Law— where we fight for your family.

Dial (916) 634-0067 now or contact us online to schedule a low-cost, 30-minute consultation.

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Helping Families for 25+ Years