Can My Ex Move Away With My Child?

Can My Ex Move Away With My Child?

When it comes to a divorce or separation involving children, things can be emotional and complex. Even if you have a child custody order in place, that does not mean it cannot be modified. If you are wondering if your ex can move away with your child, the answer is that it depends on the situation. Keep reading to learn more about child relocation and how Kendall Gkikas & Mitchell, LLP can help with your child custody case.

Can my ex move away with my child?

The first question on a parent’s mind when they get wind that an ex might be moving is whether or not that person can take your child with them. That all depends. If done in good faith, custodial parents do have the right to move and potentially take their children with them. However, there is a process in place to ensure that any move is in the best interest of the child. In order to start to process, the custodial parent must file a child relocation petition.

What is a child relocation petition?

A child relocation petition or move-away petition is something that needs to be filed with the family court if one of the parents wishes to move away with the child. The petition needs to include details on the reason for the move and why it is in the best interests of the child.

Once the petition is filed, 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

Just because a move-away petition is filed, does not mean that it will be granted. If your ex has started the process, it is important to properly respond to the petition.

How can I respond to a move-away petition?

In order to prevent your ex from moving away with your child, you can challenge the move-away petition. To do this, you need to convince a judge that the move would not be in the best interest of the child. However, to put your best case forward, you should contact a family law attorney for assistance.

If you need help with your child custody case, contact Kendall Gkikas & Mitchell, LLP today!

If you are divorced or separating from your ex, you might be wondering how child custody will play out. This becomes even more important if your ex wants to move away with your child. The good news is that Kendall Gkikas & Mitchell, LLP is here to help. We have over 30 years of experience providing family law services and we can help with child custody orders and relocation petitions. Give us a call today at 909-482-1422 to schedule your 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.