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EspañolV wants to move with kids; asks if she can move once she gets full custody – 3rd PERSON
Whether or not a parent can move out of state with his/her children is a complicated legal question. It could depend on a lot of different factors and we strongly recommend that she talk to a lawyer in STATE who specializes in custody to get specific advice about her chances of being able to move. Here is a link for lawyers, some of which may be free or low-cost if she qualifies:LINK
In many states, even if a parent is granted sole custody, it may not necessarily mean that s/he can move the child out of state without specific permission from the other parent and/or the judge. In most custody orders, the non-custodial parent will have some sort of set visitation schedule that is often decided, in part, based upon the location where the parents are living at the time of the case. For example, a visitation order may provide for weeknight dinners with the non-custodial parent or for that parent to pick up from and take the child to school before and after visits. As you can imagine, if a parent plans to live in another state, a visitation order such as the one I mentioned may not be feasible - instead, other sorts of visitation arrangements may be made that take into account the distance between the parties.
If a parent wants to move a long distance away, generally, this may be something that the parties negotiate and eventually agree to as part of their custody negotiations - or, if the parents can’t agree, the parent who wants to move may need to get permission from the judge to move. The parent may have to prove to the judge that moving is in the child’s best interest and outweighs any negatives that may be caused by the distance from the other parent. Some possible things parents may generally show as reasons for a move are that the child would be attending a better school (e.g., if the school is ranked higher that a child’s current school, is safer, etc.); that the parent and child would be in a better economic or professional situation; that there is extended family support there; the neighborhood is safer, etc. In terms of her specific situation, she may want to get an attorney to advise her on how to best present her argument for moving, what information she can gather to help her case, etc. Again, I can’t say for sure what the judge in her state will consider - these are just some general examples that may come up in some parents’ situations. Here is a link for custody information in STATE: LINK [ONLY INCLUDE IF V IS MARRIED AND MENTIONS DIVORCE and here is information on divorce in STATE in case that is useful: LINK]
