A move-away order is usually required when one parent wants to move to another state or another country and take the minor child with them. Even if a parent has primary custody over his or her child, they cannot move and take the child with them usually unless they have a move-away order.
A move-away order can take several months to obtain, depending on the facts and circumstances of your case and request. If you anticipate that you are going to have to move on account of a new job or some other impending circumstance, it is highly advisable that you seek a move-away order at least six-months in advance of the anticipated move. Courts are not in the habit of granting move-away orders with a simple court hearing as they take these hearings very seriously because of the harsh consequences to the remaining parent if the move-away is granted.
The court is above all concerned with the best interests of the minor child. This is paramount and the court will look at a whole host of factors to determine the best interests of the child.
If you are contemplating a move-away order, the court will look at the reasons for the move-away (new job; moving in with family, etc.) and try to ascertain whether there is a genuine and benign reason for the move-away request or whether the party requesting the move-away is simply trying to cut-off the other parent’s access to his or her child.
The parent requesting the move-away has to demonstrate that he or she is a cooperative parent that has promoted visitation with the other parent in good faith and will be able to maintain a relationship between the child and the other parent being left behind. This is not always easy to do and can present a challenge to move-away requests. These are just a few of the factors that the court can look at. Speak with a lawyer today about the facts of your case.
The aforementioned is not intended to be legal advice. Contact Dream Law attorney Sanjay A. Paul, Esq. for a consultation on the facts of your case.