I almost never handicap a custody case for my client. As an attorney my stock-in-trade is reliably telling my client what's going to happen before it actually does. What defines a child's "best interests" is an amorphous concept defined differently from judge to judge, so predicting the results of a child custody hearing in anything by the broadest terms puts me on the fast-track to losing credibility with my client.
However, in situations where one parent wants to move to a new city, thereby disrupting an established custody routine, I can provide two general rules likely to hold true with any judge:
1. Don't move unless you have to. Judges disfavor relocation in all but the clearest cases. Typically, the clearest cases involve financial circumstances that make relocating critical for the custodial parent. Another non-economic example would be moving to be closer to a parent or close relative who is ill and in need of consistent care no one else can provide. The common thread in these "clear-cut" cases? They are almost always driven by circumstances not of the relocating parent's creation. If you fit in this category, you've got a reasonable chance to secure the judge's permission to move.
2. You will probably have to "go negative." Even if you have compelling reasons to move, that's only one of three critical pieces to your case. The other two are: (1) showing how the move will benefit the children; and (2) showing how living primarily with the non-moving parent with not. If the other parent already gets substantial time with the children, the judge will strongly consider leaving the children here in that parent's primary custody. If the opposing party has problems with drug or alcohol abuse, or a recent history of criminal behavior, this isn't a big threat. Then again, if those problems exist what are the chances that parent is getting substantial time with the children under the current order? Absent those built in arguments, you have to look at other factors making it unlikely the children will thrive in the other parent's custody. Hectic work schedules and obligations with step children are frequent arguments used in such cases.
Overall, relocation should be avoided at all reasonable costs. Make sure and involve your attorney at an early stage, before you make any personal, professional, or financial commitments to the move. If you find yourself in a situation where you have to move, your attorney should support you 100%. Be wary, though, because you will be playing one of the highest stakes games you can play in the domestic legal arena.
