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Of all the potential issues that can arise in child custody cases, one of the most difficult and complicated to resolve is whether to permit the proposed relocation of the custodial parent. The relocation of the custodial parent necessarily impacts on the strength and quality of both parents' continued relationships with the child as well as fundamentally altering the child's environment, thus requiring substantial adjustments by all parties involved. Considering the opposing interests of the parties involved and the fact-intensive nature of the issues that must be addressed in each relocation case, it is easy to understand why they are rarely settled to everyone's satisfaction.
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REAL ADVANTAGE THEORY -- The courts apply the logic of what is called the "real advantage" theory, which holds that a move that is good for the parent is good for the child, for example, when it is in conjunction with a career move or a new marriage. The defense for the estranged parent would be to prove to the court the move is more detrimental to the child's future than any advantage gained by the custodial parent.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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