Can I Move Out Of State With My Child After My Divorce Without Breaking The Law?
Today’s question comes to us from Estella.
She is married and going to begin the process of a divorce and shares a son with her husband. She wants to move to California from Nevada; she wants to take the child with her and live there with her grandmother.
Her question is, can she do that without being charged with kidnapping or breaking the law in some way?
Estella’s situation is not uncommon. Oftentimes, when couples divorce, one of the parties wants to move closer to the family with the children to get better employment opportunities, better schooling, to get family assistance with the children. However, if the spouse is not in agreement for the parent to leave the state with the children, then that parent must file a motion with the court to request permission.
It is a motion for relocation asking the court to allow you to move out of state with your child. Then you must give reasons why it is in the best interest of the child, not of the parents, and moved completely to a different state with different friends and different schooling.
You must prove to the court that this relocation, that this move with the child is going to be in the best interest of the child or the children. I must tell you that this is a very difficult hurdle to jump through. This is something that you must have specific evidence to support your decision to make the court understand and believe and see that this move is in the best interest of the children. It is very difficult to do.
Oftentimes, there are many cases that go to trial because of this when one parent is not in agreement to have the child move out of the state.
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