Possibly, depending on the circumstances and what the court may determine to be in the child's best interests. The best interests of the children controls the issue of a change of custody or the issue of a custodial parent moving the children to another state, and the court may consider a benefit to the custodial parent from relocation only if the move independently benefits the children . This is because the beneficial relationship between children and a parent cannot be placed at risk by the relocation of one parent to the disadvantage of the children. Basically, that means that the court is going to have to hear evidence of the child's relationship with you, and with his mother, and what adverse impact the child's relocation will have on his relationship with you. Other factors that may imact on the court's decision is the reason for the mother's relocation, and alternatives available to her should she remain in her present city, or nearby.

Frequently Asked Questions

 


Q: My former wife has primary physical custody of our 5 year old son, and I have very liberal visitation with him. Last week she told me her job is being terminated and she wants to move back to her home town in Colorado and live with her parents until she can find a new job there. Of course, she wants to take our son with her, but that is going to wreck my relationship with him. I can't afford to fly out to Colorado and visit him but maybe twice a year, or have him flown here (he's too young to travel alone anyway). Is there anything I can do to prevent her from taking my son out of state?

A: Possibly, depending on the circumstances and what the court may determine to be in the child's best interests. The "best interests of the children" controls the issue of a change of custody or the issue of a custodial parent moving the children to another state, and the court may consider a benefit to the custodial parent from relocation only if the move independently benefits the children.

This is because the beneficial relationship between children and a parent cannot be placed at risk by the relocation of one parent to the disadvantage of the children. Basically, that means that the court is going to have to hear evidence of the child's relationship with you, and with his mother, and what adverse impact the child's relocation will have on his relationship with you. Other factors that may imact on the court's decision is the reason for the mother's relocation, and alternatives available to her should she remain in her present city, or nearby.


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