How to Prevent Relocation in Child Custody

Preventing relocation of a minor child

Whether a child custody issues arose from a divorce or paternity case, the court maintains jurisdiction over issues pertaining to the minor child. The court maintains jurisdiction until the child reaches the age of 18, the case is transferred to another court or the child legally is emancipated from the parent or parents. Consequently, if you desire to prevent the relocation of a child because the other parent intends to relocate, you return to the court for assistance.

Things You'll Need

• Motion to change custody

Instructions

1. Obtain from the court clerk a standard form motion or a sample of a motion. In family law matters, including custody issues, court clerks usually maintain forms and samples for people not represented by an attorney.

2. Prepare a motion to change custody. A change in the custody of a minor child can be changed only if there is what legally is known as a "material change of circumstances." The intention of a parent with primary or residential custody of a child is considered a material change of circumstances. The motion to change custody places the other parent in the position of relocating and facing the prospect of losing primary custody.

3. File the motion with the court clerk.

4. Obtain from the court clerk or the administrative assistant of the judge assigned your case a date and time for a hearing on your motion.

5. Send the other parent a copy of the motion at her last known address.

6. Notify the other parent in writing of the date and time of the hearing. (The court may take this step for you. Confirm that the court will do so before you forgo sending this notice on your own.)

7. Appear at the hearing and present evidence, testimony and arguments supporting your position that custody should change if the other parent follows through on the decision to relocate. If the relocation is out of state, and there is no legal reason why you cannot take custody of the child, the court is likely to agree with your request. If the move is in-state, the court will consider how far away the child will move. If the distance is more than 200 miles--or a distance that impacts your ability to maintain regular parenting time with the child--the court is likely to grant your request. If the relocation is insignificant in the way of distance and will not impact your parenting time or visitation rights, the court will not approve your request.

Tips & Warnings

• In relocation cases out of state, you need to emphasize both that such a move destroys your ability to maintain regular parenting time or visitation with your child and also takes the child out from the jurisdiction of the court. Courts in family law cases are not eager to cede jurisdiction in this manner.

• Custody issues are challenging and difficult to litigate. Therefore, your interests (and those of your child) are best served if you engage the services of a qualified attorney. Although these organizations cannot make specific recommendations, the state and local bar associations maintain directories of attorneys in different practice areas. Contact information for these groups is available from the American Ban Association.

References

• "Child Custody A to Z: Winning with Evidence"; Guy J. White; 2005
• "The Child Custody Book: How to Protect Your Children and Win Your Case"; James W. Stewart; 2000
• Cornell Law School: Child Custody Overview

Resources

• Total Divorce: Modify Child Custody
• American Bar Association: Directory of State and Local Bar Associations