Removal from state

 

If the custodial parent is to move with his or her child or children out of the area, then the court must approve the relocation. In order for a non-custodial parent to best protect his or her rights, they must object to the removal of his or her child before such removal occurs. The parent seeking to move with the child has the burden of proof to demonstrate that the proposed move is in the best interest of the child. Courts tend to begin with the assumption that geographical stability is in the best interest of the child, because the child has built his or her social life in the area where they grew up. The court will again begin to consider what is in the best interest of the child. A brief example of factors the court will consider in determining the proposed removal are:

- If the proposed move will enhance quality of life for custodial parent and child;

- If the reason for proposed move is in good faith on the part of the custodial parent;

- If the motive of non-custodial parent in resisting removal is in good faith as well;

- How the ability of the child to see the non-custodial parent will be affected.