Mobile Society

     My father-in-law and his sister were for all intents and purposes kidnapped by their father when they were in grade school.  In those days, there was an express maternal preference in the law of custody.  From what I'm told, the judge simply asked his mother, who had severe emotional problems, what schedule she wanted for the children and was granted full custody.

     Instead, my wife's late grandfather took advantage of the fact that the Uniform Child Custody Jurisdiction & Enforcement Act was at least a decade away and fled with this children across state lines.    

     These days, the maternal preference has been dropped from the law, but relocating children remains a hot button issue.

     If you are the primary physical caretaker for your children and you are considering a move to another state or region, there are a several factors you should keep in mind:

-    You will need to go to court first.  If you want to move far enough away that it will affect the other parent's time with the children, the proper procedure is to file a motion with the court and request a hearing.  Leaving without an explicit ruling from the court will subject you to contempt and liability for attorney fees, to say nothing of 86'ing your chance of being granted permission to relocate permanently.

-    Have a flexible timetable.  From the time you file your motion until the judge makes a ruling could take anywhere from four (4) to nine (9) months in most cases.  Variables affecting this timeline include discovery procedures, mediation requirements, and congestion on the court docket.  I've had cases on both ends of the spectrum.  Often there are job opportunities at stake, and if your potential employer can't wait for your case to be resolved you may have choose between conceding primary custody and walking away from the job altogether.

-    Have a kid-centered plan, or forget it.  It is almost impossible to relocate children from stable, shared custody arrangement without showing manifest need.  Often, though, the relocating parent's definition of need is tinged with self-interest.  There are new spouses or significant others.  There are extended families.  There are more lucrative jobs.  All these things can be great... for you.  But how do you define the argument in such a way to convince the judge the kids's come first?  If the children aren't the direct reason for the move, the odds are stacked against you.

     Judges by and large disfavor relocation in all but the clearest cases, and I spend a significant amount of time in consults discouraging clients from moving unless they have no other choice.  That being said, if you can convince me your proposed move it worth pursuing, you probably have a decent case.