In the aftermath of any divorce or breakup where people have mutual children, it is often the case that one person wants to move and take the children with them. What are their rights?
This portion of a case is called a “move-away” case and is subject to a complex series of amorphous standards that have evolved over many years.
The first question is “who has custody?”
If a person has sole legal custody, then that parent will be allowed to move unless the other party can show it would cause “detriment” to the children.
If the person has joint custody, then the court will need to determine if the move is in the best interests of the children.
The immediate consequence of a request to move with the children is a child custody evaluation, which can cost a large amount of money, usually anywhere from $3,000 to $10,000.
The court then looks to the evaluation and the evidence and makes the determination.