|
Factors Considered
Most jurisdictions have promulgated lengthy lists of factors to be utilized in determining whether a custodial parent’s proposed relocation should be permitted. In general, there is a substantial overlap among the jurisdictions, with many states using substantially similar factor lists. The New Jersey Supreme Court has fashioned a typical example of one of these lists. With those principles in mind, in assessing whether to order removal, the court should look to the following factors relevant to the plaintiff’s burden of proving good faith and that the move will not be inimical to the child’s interest:
Baures v. Lewis, 167 N.J. 91, 770 A.2d 214, 229-30 (2001). For other states’ factor lists, see, e.g., Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003); In re Marriage of LaMusga, 32 Cal. 4th 1072, 88 P.3d 81, 12 Cal. Rptr. 3d 356 (2004); McLaughlin v. McLaughlin, 264 Neb. 232, 647 N.W.2d 577 (2002); and Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996). Other jurisdictions have set forth the required factors to be considered in relocation cases by statute. One of the most comprehensive factor lists can be found at La. Rev. Stat. Ann. 9:355.12 (2004).
For other statutes containing relocation factors, see, e.g., Mich. Comp. Laws Ann. 722.31 (2004); Tenn. Code Ann. 36-6-108 (2004); Utah Code Ann. 30-3-37 (2004); and Wash. Rev. Code Ann. 26.09.520 (2004). Other factors that have also been utilized in relocation disputes include:
The sheer number of factors that must be considered in relocation cases demonstrates the fact-specific nature of all such determinations. However, despite the sometimes overly long lists of factors devised by the courts or the legislatures, in general these factors can be condensed into four primary categories:
Useful Online Tools
Suggested Reading
Resources & Tools
CONSIDERATIONS VARY-- Courts consider several factors when deciding whether to allow a parent to relocate with a child, including the age and maturity of the child (the judge may consider the preference of the children); the distance between new and old home (the court is usually more sympathetic to moves that make it possible for the noncustodial parent to exercise visitation); and the quality of life (the effect on the child’s education and leisure opportunity in a new location).
Sponsored by:
Mom’s House, Dad’s House
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Online Custody Tracking
Custody JunctionTMallows you to schedule, track and monitor current and future custody, visitation, and support arrangements. You can develop and share a detailed parenting calendar, track all scheduled and non-scheduled parenting events, and generate valuable statistical reports for personal or legal use. Terms to Learn
|
Start Reaching Potential Clients Today. Divorce Source for Professionals
|
Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
|
| The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions. |








