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If there is a request by a custodial parent to move interstate or more than 100 miles away, the Court must make certain determinations before allowing that change.
The Court has to determine if the move has the capacity to improve the quality of life of both the relocating parent and the child.
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The court also has to determine the degree to which each parent has complied with the parenting time order, and whether the move is inspired by the relocating parent's desire to frustrate parenting time. The Court also has to determine the extent to which the parent opposing the move is motivated by a desire to secure financial advantage with respect to the support obligation. The Court should also look at the degree to which the Court is satisfied there will be a realistic opportunity for parenting time, and the likelihood that each parent will comply with any modified parenting time order. Lastly, in cases of intrastate relocating, the Court should consider the presence of domestic violence. It should go without saying that it should be the child that is the primary focus of the Court's deliberations in determining change of domicile.
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Law Offices of Brandt & Dehncke
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