Can I Move Child Custody To The Home State Of Child?

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If you are wondering, can I move child custody to the child’s home state? To answer that question, I will say moving child custody to a child’s home state is very difficult and depends on many different factors. The best thing you should do is hiring a lawyer or talking to a lawyer to discuss whether you move child custody to a child’s home state or not.

Overview of child custody orders

Child custody orders depend on many factors. If parents are planning to get divorced or separated, they will have to make custody arrangements for their children. Custody arrangements must be legal and physical, which will be shared between the father and the mother.

So, what is legal custody? Legal custody means the right to make the best decisions for a child’s health, education, and financial support.

And what is physical custody? Physical custody means the right to make the best decision to keep the child safe no matter what, supervising child and taking care of the child.

The parents can share joint legal custody. This means where both of the parents can make decisions for the child who is best for the child. Both the father and mother will be able to take care of children’s health, education, and both the parents can give financial support to their children.

On the other hand, physical custody is different because children need enough time to spend with their parents, whether it can be a father or mother. This is called primary care. The child will be staying primarily with that parent.

Most of the time, a mother gets the physical custody of their children because the father will always be working and will not get enough time to spend with the children. What if the parents can’t agree on custody? In that case, the court will decide whether the child should stay with the father or mother.

Both parents must follow court orders.

Child relocation laws

Once the court gives the child custody to a parent, it will work well for a couple of years if both the parents live in the same town. The main problem starts when the custodial parent decides to move to another state or city.

The non-custodial parent can oppose the move because if the child leaves to another state, there will be a connection gap between child and non-custodial parent. If a custodial parent wants to move child custody to the child’s home state, the custodial parent must go to the court for permission to move the child out of the state.

It is not easy to move child custody to a child’s home state without proper approval from the court. If the custodial parent tries to move child custody to the child’s home state without appropriate permission from the court, and without the non-custodial parents’ wishes, it will be considered as a crime. And that crime can end up with jail sentences.

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Can parents agree to the move?

Yes, parents can agree to the move to a new state. But both parents need to decide whether moving out of state will be good or not and agree on a new custody arrangement. The custodial parent must provide the non-custodial parent to spend a significant amount of time with children.

Once both the parents have agreed to move the child to a new state, they must sign an agreement provided by the court. If the parents can’t agree on the move, the court will assign a mediator who can help you to decide whether you will agree on the move or not.

How do courts decide to allow the move?

Move Child Custody To The Home State
Move Child Custody To The Home State

If the custodial parent wants to move child custody to the child’s home state, the custodial parent must visit the court for approval for the move. Now it is up to the court whether the court will decide to allow the move or not.

Sometimes it gets complicated for many reasons. The court has the solution to decide to allow the move or not. The court will consider the following factors to enable the move to. Such as

  • If the custodial parent gets a better job opportunity or gets promoted
  • If the child gets the opportunity for higher education at the new state
  • If the custodial parent can give proper care to the child better than the non-custodial parent
  • If the custodial parent is getting married again

The above factors can be considered to decide to allow the move or not.

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Should I hire an attorney?

If both the parents can’t agree on the move. It will be a wise idea to hire a lawyer who will help you go through all the processes at the court. Yes, of course. He will be able to allow the move for sure. But make sure you hire the best lawyer who has vast experience in that kind of case.

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Conclusion

Moving child custody to a child’s home state is not easy. You will have to go through many steps. But don’t bother. I highly recommend hiring a good lawyer who can help you to allow the move.

If you want to move child custody to a child’s home state, make sure you have a good reason to move to another state. If you have enough reasons to prove, then moving to another state is the best decision for your child.

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