Moving with Children - Custody and Relocation
Move Away requests are one of the toughest motions put before the Court. Why? Because they are high-stakes and emotionally-charged. Only few topics evoke as much emotional and legal considerations as the plan of a parent to relocate with their child, commonly referred to as a "move away" case.
Whether you are the parent seeking to move with your child or you want to prevent the other parent from moving with your child, these proceedings require creative thinking and the right strategy to achieve a positive outcome.
Seeking a Move Away
The decision to relocate with a child is never made lightly, and is often rooted in a myriad of personal and professional considerations. For the parent seeking to move, establishing the legal basis for such a decision is paramount. In its review, the Court must consider a slew of factors, referred to as “LaMusga” factors, which include the reason for the move, the distance of the move, the age of the child, the educational benefits, the community, the relationship between the parents, an assessment of which parent is more likely to encourage a relationship between the child and the other parent, and much more. Successfully obtaining a move away order depends on being able to take into consideration these factors and present a robust case that not only justifies the move, but also proves that the move will be in the best interest of the child.
However, the process isn't just about legal maneuvering—it involves a parent’s efforts to problem-solve with the other parent before initiating legal proceedings. Whether it be through a conference between parties or a mediation with attorneys, courts tend to look favorably upon parents who exhibit a genuine commitment to cooperation and compromise.
Consulting with an experienced family law attorney ensures that you set yourself up for success. It is especially important to find someone who can carry your voice to the Court. Someone who can build your narrative, put together the evidence to support your story, and present before the court with the utmost professionalism and persuasiveness.
Opposing a Move Away
On the flip side of the coin are those tasked with opposing a move away order. In certain instances, relocation can have detrimental impacts on the child’s well-being, education, or safety. It can also impair the non-moving parent’s relationship with the child and a desire to maintain a strong and meaningful connection with the child should be factored when opposing Move Away requests.
Efforts to resolve the dispute through negotiation or mediation are not exclusive to those seeking the move. Opposing parties can demonstrate their commitment to finding common ground and compromising for the child's sake. Parents may come together to think about how to share school breaks or holidays so that a noncustodial parent can have more time when school isn’t in session.
Building a counterargument against the move involves presenting a case that challenges the necessity or benefit of relocation. This may entail highlighting the stability of the child's current environment or showcasing the active involvement of the opposing parent in the child's life.
Legal Process
In the event that negotiations prove unfruitful, and an amicable resolution can’t be reached, it is imperative to understand the legal steps involved in the move away order process and the time it takes to receive a Move Away order from the Court. In these instances, filing a motion, known as a “Request for Order”, with the Court may become necessary. The Request for Order should consider the LaMusga factors and present important facts for the Court to consider, including the reasons for the proposed move and the benefits it holds for the child.
After a Request for Order is filed, the opposing party will need to respond by filing a “Responsive Declaration”. The Declaration will present their arguments against the relocation and the moving parent will have one final opportunity to reply to the Declaration before appearing before Court by filing a “Reply Declaration”.
Following the filing of the Request for Order, it may take six to eight weeks to be seen by the Court. Each courthouse and courtroom is different in how far out they are setting hearings. At the hearing both parties can present their cases, and a judge will evaluate the evidence and legal arguments before making a determination. In some instances, the Court may want more information before making a decision. Nevertheless, throughout this legal process, it is crucial to maintain the focus on the child's best interests and adhere to any court-ordered mediation or alternative dispute resolution mechanisms.
Regardless of the side you find yourself on, it is paramount to put your child’s best interests first and to find an attorney committed to providing tailored guidance through the court system and devoted to sharing your story and having your voice heard.
