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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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can i get a temporary custody order to relocate to nc from

Resolved Question:

can i get a temporary custody order to relocate to nc from ny while the court is deciding on the permanent arrangements? I have had physical custody since my daughter was born.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Yes, it is possible to request the court to issue temporary custody orders while the custody case is still underway. In order to get this granted you would need to establish that relocation will not affect the child's best interests; meaning that the child would still be able to maintain contact and access to the other parent and that such relationship would not be impacted or diminished by the move. The goal is to focus on maintaining the child's best interests, not those of the parents.


These factors the court will consider include, but are not limited to each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements. Even where the move would leave the noncustodial parent without what may be considered "meaningful access," relocation may still be allowed by weighing the effect of the quantitative and qualitative losses that will result against such factors as the custodial parent's reasons for wanting to relocate and the benefits that the child may enjoy or the harm that may ensue if the move is or is not permitted. While economic or health reasons continue to provide a basis for permitting the relocation, a second marriage of the custodial parent or opportunity to improve her or his economic situation, is now also a valid reason for permitting the relocation if the overall impact on the child would be beneficial. The custodial spouse's remarriage or wish for a "fresh start" can suffice to justify a distant move because of the value to the children that strengthening and stabilizing the new, post-divorce family unit can have.

Even for a temporary order, the same factors of a permanent one would need to be considered, since majority of the time once a child is permitted to relocate, the court is more incline to keep that status and make the temporary order into a permanent one.

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