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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12328
Experience:  Attorney experienced in all aspects of family law
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Im divorced with sole physical custody. If I marry my partner

Customer Question

I'm divorced with sole physical custody. If I marry my partner who lives in another state right now, would a court allow me to relocate?
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. I understand that you have sole physical custody; does the other parent have visitation rights? If so, to what extent?

Customer: replied 4 years ago.


My ex currently has visitation every other weekend and for 2 hours one day during the week. I believe that is around 12%

Expert:  Brandon M. replied 4 years ago.
"Out of state" can be on the other side of town, or it can be thousands of miles away. Approximately how far is the desired relocation?
Customer: replied 4 years ago.

about 1000 miles +/-

Expert:  Brandon M. replied 4 years ago.
It really comes down to the best interest of the child. Sole custody does not give a parent the right to move away if it interferes with the other parent's visitation rights, so a new order has to be awarded based on the change in circumstances before the child may be relocated. Certainly, the fact that the child is in your care 88% of the time and that you have a need to move is very legally significant, but every situation is different because every child is different. So it is not a question of how much custody you have or your reasons for moving; the question is how your child will be affected by relocating and being 1000+ miles away from his father, and any consequences of not moving. So what are your thoughts? Would this benefit your child?
Customer: replied 4 years ago.

child was previously abused by ex and ex was ordered to seek help . New spouse treats children well and provides a solid family environment.The new location provides a lower cost of living as well given my childs special dietary needs.

Expert:  Brandon M. replied 4 years ago.
Those are all good reasons! What is the counter-argument? Why might it make sense for the relocation to be denied?