One of the most contentious and emotionally charged situations that can arise during or after divorce is when a parent with primary custody of the children wishes to relocate.


The relocation of a child outside of the state or to another area of the state is called “Child Removal”.


Removal of a child can also be an issue for unmarried parents if there is a court order granting visitation rights to the father. At FAMILYLEGAL, our child custody lawyers have extensive experience in this complex area of law.


Following a divorce, or custody case, courts have continuing jurisdiction over child custody issues. Before a custodial parent can “remove” or relocate a child from the state where custody was granted or relocate them to a different part of the state, they must obtain approval from the non-custodial parent (in certain circumstances) or a court order. Our experienced Child Removal Attorneys have experience representing parents who wish to move, as well as parents with visitation rights who are opposed to the relocation or removal of their child from his/her current state.


As in most family law matters involving children, the court’s primary guiding principle in child removal or relocation cases is protection of the best interests of the child. Applying extensive negotiation and trial experience, as well as up-to-date knowledge of evolving case law, and based on thorough investigation of all factors in your case; FAMILYLEGAL can offer aggressive yet balanced legal counsel to help each client secure the best possible outcome.


Some common questions relating to Child Removal and Relocation:


What is Child Removal?


Child removal is a general phrase used to describe the situation where a parent wants to move to outside of his/her current state or to another area of the state, with their children, or move a designated distance from the other parent that would interfer or frustrate the other parents relationship with the children.


How do Child Removal cases usually arise?


Child Removal and Relocation cases usually arise when a parent wants to move out of state or to another area of the state because of a new job, a job transfer, school, remarriage or to be with family.


If I have children, can’t I live wherever I want?


Yes, you may live wherever you want. However, the real question is whether or not it is in your children’s best interests to move with you.  Courts cannot prevent a parent from moving; however, they can prevent that parent from removing a child to another state or outside a designated range from the other parent.


Can I move out of state and bring my children?


You may be able to move to another state and bring your children with you. The court must consider several factors, but in general, if the court determines that such a move is in your children’s best interests; you may be able to move to another state with your children.


Protecting Your Parental Rights in Child Removal, Child Relocation or Move-Away Cases

If you are looking to move away from your current state with your child or your former spouse is trying to relocate your child out of state, it is important to work with an experienced Child Removal Attorney to ensure your parental rights are protected. And, to do so fat, our Attorneys will examine the pros and cons of your unique situation while giving you the straightforward, compassionate advice you deserve. Should you need representation within the courtroom, we are prepared to zealously litigate for you. Please Contact Us today and speak with an experienced Child Removal Attorney for Free.

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