How Do I Move My Child Out Of State After A Divorce?
In this video Patrick Copley talks very briefly about the issue of a parent, post decree, after their divorce wanting to move out of state with the children. This is what we refer to sometimes as the “super bowl of child custody issues” in that there is not normally a very easy, simple, subtle way for a judge to decide these issues. You need to make sure early on that you have your ducks in a row and that you are prepared to move forward on this. Most importantly, follow the statutes. There has to be notice given at least 30 days prior to your move and the statute says it has to be by certified mail United States Postal Service. An e-mail will not suffice. A text message will not suffice. You must comply with the statute. Send out the notice and then the onus is going to be on the parent receiving the notice to object. That is normally going to be done with a motion, sometimes an emergency motion filed before the court. This is going to be the same court that granted the divorce. That judge and that court have jurisdiction over the children until they are emancipated.
At that point, the parent who wants to move with the children needs to come up with some really good, compelling reasons as to why it is a good idea to separate the children from the other parent and basically interfere in their relationship, which is one of the primary things that the court wants to keep intact when making child custody decisions. If you are wanting to move because the other parent has in some way abused you or the kids, that is a compelling reason. If you want to move because of a possibility of employment in another city or state, that usually is not going to be enough. Even if you have a job already lined up, that alone may not be enough. These cases, a lot of times, are going to hinge on the witnesses that get brought in. Witnesses who have been heavily involved in the children’s lives. A lot of times, we are going to have involved a Guardian ad litem. This is a lawyer who is appointed by the judge to represent, not the children, but the children’s best interests. Depending on the age of the children, the Guardian ad litem will interview them, will talk to the parents, teachers, counselors, therapists, grandparents, whoever has a strong role in the children’s lives. The Guardian ad litem will talk to them and come up with their opinion as to what should happen in this case. If you have this situation, please call the lawyers at Copley Roth & Davies, LLC. We have a lot of experience in this.
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