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Determining which parent will have the rights and responsibilities for a child or children after a divorce can usually be settled between both spouses. However, when one spouse wishes to move to a new location with that child, it could interfere with the other spouse's child visitation rights. This is then considered a move away child custody case that would be settled in court.
Move away child custody decisions can be the hardest conflicts for both the parents and the affected child. It can be seen as unfair to the stay-behind parent who will no longer easily be able to see his/her child. It can also be unfair to the parent who wishes to move or relocate but cannot if the court decides against granting move away child custody. Either way, it is usually unfair to the child to be put in the middle of such a conflict and a potentially life-changing decision.
If a parent wishes to have move away child custody, (s)he must get permission from the court. It can be a lengthy and complicated process as the laws pertaining to child custody change often and the stay-behind parent could fight the move. In making the decision, a court will usually consider:
If a parent already has sole custody over the child, (s)he may have an easier time getting permission for move away child custody. However, if there is joint custody, or if the initial custody agreement restricts move away child custody, the process may become more difficult to navigate or the request can be denied all together.
If you are involved in a custody dispute or are attempting to request move away child custody, an experienced family law attorney can help you through the process and get the situation settled as quickly as possible. If both parents do not agree about move away child custody, a court will order a custody evaluation. This can be difficult for the parents and especially for the child. A family attorney with experience in this process can help it go as smooth as possible; ensuring the best possible outcome is attained. A family lawyer will work with you to protect your rights and your child's rights.
To find a move away child custody attorney, contact Attorney Search Network today for a Family Law Lawyer Referral with Move Away Child Custody experience. We can help you find a move away child custody lawyer who will help you in all child custody issues.
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