Online dating nightmare custody battle
Where I practice, a parent wishing to move with their child out of state has to pass a two-part test.Part One: show the court a legitimate reason to move.Jack and Jill both had divorce attorneys who presented all of their evidence at trial.This is how the judge came to his decision to deny Jill the ability to move out of state with Bart.(Also, known as “in chambers.”) The judge did not report what Bart stated and did not give either parent any favor for this point. Moving Parent’s Income Considerations The judge next considered with Jill’s income would be enhanced.In anticipation of the move, Jill had quit her job.In general, the three main factors the court will consider are 1.) Each parent’s motives for asking permission, or denying permission, to move; 2.) How the move might make the quality of life better for the child and the custodial parent; and 3.) What kind of impact the move, and the new visitation schedule, would have on the relationship between the noncustodial parent and the child.Factor 1: Motives When the court looks to each parent’s motives, they are looking for any evidence that one of the parents might be acting in bad faith, or simply trying to make life hard for the other parent or simply to interfere with the established parenting time.
However, a parent who wants to leave so that they can live with their new spouse, who is employed and resides in another state, can also be a legitimate reason, at least according to case law in my state.Then Jill talked to a divorce lawyer and found out that she couldn’t take Bart out of the state, on a permanent basis, without Jack’s agreement or the court’s permission.She wasn’t going to get Jack’s agreement, so she filed an action with the court asking for permission to move with her son to another state.Since Jill’s reason to move passed Part One, the court now considers Part Two of the test – the best interests of the child standard The second part of the test has several factors, and they all add up to what the court has titled the best interests of the child.The court will look at each factor and decide if the factor is in favor of mom, in favor of dad, or it is neutral.