This is a dilemma many parents face when the primary residential parent wants to move out of county or out of state.The question many parents have is:Can I do this?The answer, as is typical in legal situations, is: Maybe.You absolutely must first seek the permission of the Court before moving.However, no presumption exists in the law in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent.Whether the move is out of county or out-of-state, the Court considers identical factors.As an umbrella principle, the Court attempts to determine the best interest of the children.To that end, the Court considers: whether the move would be likely to improve the general quality of life for both the residential parent and the children; the extent to which visitation rights have been allowed and exercised; whether the primary residential parent will be likely to comply with any substitute visitation rights; whether the substitute (new) visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent; whether the cost of transportation is financially affordable to one or both of the parties; and any other factor the Court deems relevant.The question is not an easy one and Courts consider all issues carefully.Parents should consider the request equally as carefully and speak with an attorney at length before deciding to request such a move.
