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Maintaining custody orders when parents move

Maintaining Custody Orders When Parents Move

  • Child Custody, Moving
When they can’t find a job in Michigan or there are issues with finding safe housing, some parents might think that moving to another state would be the answer. However, when parents share custody of a child, moving to a different state can be tricky if it’s not handled by an attorney or by the court system. If a parent makes the decision to leave the state, there are a few options available so that the other parent can work with an attorney to locate the child.
 

Contacting the other parent should be one of the first things done before moving to another state. This will allow each parent to decide on a schedule that works for everyone involved and ensure that there are no legal issues regarding kidnapping if the parent who moves the child without anyone’s knowledge. In the event that one parent does not give permission for the other to move to another state, then the court system can make a decision based on what is best for the child.

The D’Onofrio test is often used if the parent wants to relocate to an area that likely won’t work with the custody and visitation arrangements that have already been made. When the parent with sole custody wants to relocate, then there is usually no impact on the overall environment for the child or the parents. However, if there is a joint custody agreement, then the court will work to determine who the child should spend more time with before making a decision as to whether to give permission for the move.

Due to going to school or looking for a new job, a parent might decide to move to another state. An attorney may file the proper documents with the court on their behalf so that the parent can properly complete the relocation while still maintaining visitation on the arranged schedule. The attorney may also help present their client’s reasons for moving to another state if the other parent has objections.

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“[They] represented me in a very difficult divorce and stood by me through numerous conflicts with my ex-wife after the agreement was final. Annette assisted me in every step of the case preparation, provided outstanding council regarding the financial settlement, anticipated difficult questions from the court and opposing counsel, presented my case professionally and persuasively, and when things got tough this woman became a velvet hammer! Annette maintained her professional edge at all times as she politely, yet forcefully pummeled the opposing counsel’s arguments. It’s clear that she has earned the respect of Judges. This respect and her credibility benefited me and my position during difficult litigation and in the decisions made by the Judge. Over the years since my divorce was final, Annette has promptly responded to my post judgment requests for support and frankly, she has never failed me. Great advice, great guidance and great support. When you’re in front of a Judge in these very trying important moments, you realize how critical it is to have the right representation. Annette and the office staff worked together, with me, to successfully fight the most important battle of my life. Hiring Annette Benson Law was one of my very best decisions.”
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.