ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Moving the Child out of State

What are the factors a court will consider when deciding whether to allow a move?

There are several factors:

1. The quality of the custodial parent's reason for the move. A good-faith reason and a likelihood that allowing the move will enhance the quality of life for the child and custodial parent helps the custodial parent's case. A bad-faith reason, such as a desire to undermine the child's relationship with the noncustodial parent, makes it more likely a court will deny permission to move.

2. The quality of the reasons of the parent opposing the move. A parent who has been very active in the child's life, sees the child often, and wants to preserve that relationship has a stronger case for denying permission to move. A parent who has not seen the child very much, or who often misses visitation, has a weaker case.

3. The quality of the relationship between the child and both parents.

4. The degree to which visitation can be restructured to preserve or foster a good relationship between the child and the nonmoving parent, including the issue of whether substitute visitation is affordable to the parties.