We already know that divorce is a messy situation. When you throw a parent thinking about moving away into the mix, another dimension is added to this already complex maze. However, it may be necessary for a parent to relocate be it for work, a new marriage, or just a change in lifestyle. This change will not only affect the parent, but also their child and former spouse. Visitation rights are a key factor when determining the need for move away orders. Here at Lopez and Wilmert, we want to make this big transition as easy for all sides as possible.
How a Move Away Order Works
Custody rights are fairly simple on the surface, which translates to move away orders. If a parent has sole custody. Precedent leans towards the ability of the parent with sole custody to be free to move with the child. In that case, the other parent must prove that the move would be detrimental for the child. However, when shared custody or visitation are a part of the divorce, the process becomes more complex. If this is the case, the parent who wishes to move the child will need to obtain the move away order and prove to the court that the move is in the best interest of the child.
Changes Resulting from a Move Away Order
As would be expected, a move away order can lead to a plethora of changes for the parents and children involved. Many times, a move away order calls for changes in the visitation agreement of the current custody agreement. If both parents agree to the order, then the parent who is not moving may now see their child on school breaks, have virtual or phone visitations, and numerous other ways to minimize the impact of such a move.
These changes may seem daunting, but we at Lopez and Wilmert are here to aid in making this sort of transition as easy as possible. Our family law experts are here to help you with any and all questions you may have during this process, so please feel free to contact us.