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Moving With Children of Divorce is Not So Easy

In 2011, there were 877,000 divorces and annulments in the United States. An additional study reports that 80 percent of men and 75 percent of women remarry after divorce. In this day and age, it is not uncommon for people to move after a divorce — regardless of the reason for the proposed move, the parent must obtain a court order before moving out of state with children of divorce.

Reasons for moving out of state

In today’s economy where jobs are scarce, there are numerous reasons why a person may need to relocate to another state or region. Common causes for relocating include:

  • Promotion in employment
  • Educational opportunity
  • Career change
  • Specialized medical treatment
  • Military service
  • Family support network
  • New spouse living or moving out-of-state

Factors examined by the court

When a parent wants to remove children out of state, the court will evaluate the proposal and issue an order granting or denying permission to the parent proposing a move. To determine if the proposed move is appropriate, the court may examine whether:

  • Moving will enhance the quality of life of the parent and child
  • The custodial parent’s intentions are genuine
  • The noncustodial parent has legitimate reasons for opposing the proposed move
  • The noncustodial parent’s opposition is genuine
  • A new visitation schedule can be reached should the move occur

All five factors are of importance in considering whether such a move is in the best interest of the child.

Legal complications because of move

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) attempts to create continuing jurisdiction for the child’s home state.  UCCJEA provides that a court that made a decision concerning child custody maintains exclusive jurisdiction over child custody until a court in the child’s home state or the court in a new state determines that the child or parents no longer have a significant connection with the home state.

Whether you are the custodial parent proposing a move to another state or the noncustodial parent attempting to prevent your child from moving away, consult with an experienced family law attorney to ensure the best possible outcome.

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Paul Chatzky
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About Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and businesses. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As…

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Deborah E. Chatzky
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About Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her…

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