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Mother moving out of State

Started by coxjj, Feb 08, 2006, 07:41:03 PM

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coxjj

I would like to know why a judge thinks it is in my childrens best interest to allow the mother to move out of state with my children? I am considering an appeal, but the process looks very expensive and lengthy. How can the judge be so insensitive? There is no justification for what he did.

CustodyIQ

Generally-- and I say generally because it can vary from state to state-- the burden is on the noncustodial parent to show that the children will be harmed by the move, versus if they don't move.

I don't know of any state where the custodial parent has to prove it's good for the children.

In California, for example, a custodial parent will be allowed to move if there is no finding that it's detrimental or that the moving parent is doing it out of bad faith.

So, the question is not "why a judge thinks it is in your children's best interest to move with the mother" but rather "why should a judge think it's NOT in their best interest to move".

If you failed to make that argument successfully, that's unfortunately why you lost.

It's a tough pill to swallow, but it happens to millions of parents every year.  It's a tragedy.

The only solution for keeping the parents close, apparently, is if you now move to where the mother is going.  Not fair, but reality.