Should I file for full custody before relocating with my children?
03/22/2009 - Category:Divorce - Child Custody - State: VA #15719
I am trying to determine which situation to put more weight on in order to better my chances of relocating. My mom and sister along with her 9 and 10 year old are moving to Georgia for better cost of living next year. I too would like to move soon after with my 8 year old son. Willing to give all summer visitation and reduced child support. Visitation order is in okay standing with extra time when he asks. Support is garnished. I have joint with primary custody. Currently I live with my mom since my split with my sons dad 6 years ago. I have been employed with the same company for 20 years. Financially strained due to past court battles. Father's home was in foreclosure, so he moved in with his brother. Recently, a reliable source/witness has come forth to confirm my statements of father's drinking(no alchohol per court order),reckless behavior, unfit parenting. I wasn't allowed to present this to court 5 years ago. I was deterred from filing full legal custody. Should I pursue full legal custody and then move or file relocation based on family support and better life in Georgia?
Typically, at the time of the divorce, both parents are living in the same town. But it happens sometimes that at some point after the divorce, one parent wants to move away. Often this is because of a job offer. Other times, the party simply wants to return to his or her family. The issue then becomes: can the parent who is staying behind prevent the other party from moving?
If it is the parent who does not have physical custody, there is no issue. That parent may move. Often, visiting arrangements have to be changed, to allow for fewer, but longer, blocks of time. Typically, children visit spouses in other states during winter break and for part of the summer.
Generally, a parent with physical custody may relocate with a child if not prevented by a court order and it is not done with the intent to deprive the other parent of access to the child. However, if the parent who has physical custody wants to move, and the other parent protests, the courts in most states have the authority to decide, on behalf of the children, whether the custodial parent may move.The courts typically consider the following factors:
- Whether the move will improve the child's school or community.
- Whether the parent's motive was to harm the non-custodial parent.
- Whether the non-custodial parent's motive in resisting the move is to harm the custodial parent.
- Whether the non-custodial parent will still be able to have ongoing and significant contact with the child.
- The nature of the non-custodial parent's contact with the child so far. In cases that denied the move, a consistent theme is that the other parent has spent many hours each week with the child, consistently showed up for all his or her visitations, and established a close, supportive, and loving relationship with the child.
- The effect, either way, on the child's contact with grandparents and other people who are important influences in his or her life, as well as contact with the child's native culture.
The overall best interest of the child is the deciding factor for the court, based on all the facts and circumstances in each case. A parent's substance abuse may be a significant change of circumstances to modify a custody award.
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Please see the following VA case for further discussion:
03/22/2009 - Category: Child Custody - State: VA #15719
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