Custodial Parents Can Leave The State With Their Children Only With Court Approval

leaving with kids

The court system will attempt to make the best decision for any children involved.  They will want to ensure that the non-custodial parent isn’t too inhibited from seeing his or her children by the move, but will also weigh the potential benefits of the move for the children.  There will be many factors that the court will take into consideration when making this decision and these factors may vary depending on where you live or other circumstances.

If it’s decided by the court that the overall quality of life of the children would be improved by a move out of state, the court might allow it.  Some of the factors that could be considered are:

  1. Being closer to people who can help out with the children, such as relatives of the custodial parent;
  2. An increase in income for the custodial parent upon moving or a new job opportunity;
  3. A new marriage;
  4. An educational opportunity that would benefit the custodial parent and/or the children.

Relocation laws may vary depending on your state of residence.  Most states will have a similar system of how they decide whether or not a custodial parent can leave the state with his or her children.  It usually comes down to whether or not the court feels that the children will be better off in some way from moving to another state and this of course would have to outweigh the detrimental effects of the child being separated from the non-custodial parent.

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