Can My Ex Leave the State With My Child?

Can My Ex Leave the State With My Child?Your relationship with your children is a special bond. However, when you and your spouse split up there can be a lot of uncertainty about what will happen. Ultimately, the court will provide a child custody order that will specify who the child lives with, schedules for visitation, and other specifics. However, many parents wonder what happens after the child custody order is issued. Specifically, parents wonder whether or not their ex can move away with their child. If this is something you are wondering yourself, Kendall Gkikas & Mitchell, LLP is here to help. Keep reading to learn more about why you should hire Kendall Gkikas & Mitchell, LLP to help you through the process.

Can my ex move away with my child?

Technically, your ex can move away with your child, but only if the court allows it. Your ex will need to file a move-away petition with the local family court. The court will then review the petition and decide whether or not to approve it.

What does the court consider when reviewing a child relocation petition?

The court makes decisions that are in the best interest of the child. They will only grant the move-away petition if they deem that the move is in the best interest of your child. In determining this, the court will consider:

  • The age of the child
  • The current relationship with the parents
  • The impact on the non-custodial parent’s access to the child
  • The impact of the move on the child’s well-being and emotional stability

If done in good faith, custodial parents have the right to move away and take their children with them if the court approves the move-away petition.

How do I respond to a child relocation petition?

As a non-custodial parent, you do not have to sit back and let the move happen. You have the right to challenge the move away petition. To do this, you will need to convince the judge that the move would be detrimental to the best interests of your child. A skilled attorney like Kendall Gkikas & Mitchell, LLP can help you do this.

If you need an attorney to handle your child relocation petition response, contact Kendall Gkikas & Mitchell, LLP today.

If your ex has filed a move away petition and is trying to take your child to another state or out of the area, you need to act swiftly. The good news is that Kendall Gkikas & Mitchell, LLP is here to help you. We have handled countless child relocation cases and can help you put the best case forward to keep your child close to you. With 28 years of experience, you can trust us to handle your case. If you need to respond to a child relocation petition, or file one of your own, contact us today at 909-482-1422 to schedule an initial consultation to discuss your case.

To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.