On September 15th, 2012, George Conde returned home to find his family missing. His wife, Tiffany Conde, had abducted their two-year-old son Aiden, and fled the state of California. Working with the police, investigators and his attorney, George eventually found his wife and child hiding out in Alabama. After a grueling three months, George was reunited with Aiden, and police arrested Tiffany on charges of child abduction and kidnapping.
Custody issues are often a messy matter. This is especially true when out-of-state relocation (removal) is on the table. When a custodial parent and a non-custodial parent disagree about an out-of-state move for their child, the court has the power to intervene. In some jurisdictions, the court may allow the removal for any party with legal custody of a minor child, as long as the relocation is in the best interests of the child. The party seeking removal has the burden of proving that the relocation meets this standard.
In deciding whether removal is in the child’s best interest, a trial court should hear all the relevant evidence. A determination is usually made on a case-by-case basis, based on the following factors:
If the judge finds that the move is in the best interest of the child, then the judge will issue an Order of Removal, and the parent and child can legally move out of the state.
When dealing with removal disputes, you may need legal guidance. Protect your rights and contact a knowledgeable attorney for assistance.