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Questions You Want Answered > Child Custody and Support > What if I want to move with the children out of state?

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Move away cases are some of the hardest custody cases.  The short answer to the question is that you can move anywhere; whether the court will allow you to take the children with you is another matter entirely.  In determining whether to allow the children to move, the court uses the same standard as for any other custody determination:  the best interests of the children.  These cases are always very fact specific, and one little detail can mean the difference between being allowed to move with the children and not.  The court looks at the reason for the move, and whether the reason is related to the best interests of the children and not just the convenience or interest of the parent.  The court also looks at the relationship the children have with the parent who is not moving away, and how it would change.  The court also examines the relationships and friendships the children have in each locale, the educational and religious opportunities in each place, where extended family reside and the ability to visit with them.  In short, the court compares what exists now with what would exist if the move were allowed and weigh each of the factors to determine what is best for the children, keeping in mind that the court always believes that stability, not change is normally in a child's best interest.

Last updated on October 18, 2011 by Karen Robbins, Attorney at Law