Full question:
If parents have joint custody and the daughter lives with her mother the majority of the time, in a state bordering the state the father lives in. If the Mother gets married to a Soldier and he is relocated over seas in a non-combat area, would the daughter be able to move with the mother? The divorce declares that the mother can only take the daughter one state away? The daughter would need a military ID to receive a military visa and receive full medical and dental overseas and in the states. That would mean adoption and the divorce states that the child's last name could not be changed. Is there anything that can be done?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Kansas
Answer:
How courts decide a parent's decision to move after a custody order is in effect may be of some guidance. Typically, at the time of the divorce, both parents are living in the same town. But it happens sometimes that at some point after the divorce, one parent wants to move away. Often this is because of a job offer. Other times, the party simply wants to return to his or her family. The issue then becomes: can the parent who is staying behind prevent the other party from moving?
If it is the parent who does not have physical custody, there is no issue. That parent may move. Often, visiting arrangements have to be changed, to allow for fewer, but longer, blocks of time. Typically, children visit spouses in other states during winter break and for part of the summer. It is possible for a child to be adopted without a name change. I suggest you consult a local attorney who can review all the facts and documents involved.
Generally, a parent with physical custody may relocate with a child if not prevented by a court order and it is not done with the intent to deprive the other parent of access to the child. However, if the parent who has physical custody wants to move, and the other parent protests, the courts in most states have the authority to decide, on behalf of the children, whether the custodial parent may move.
The courts typically consider the following factors:
- Whether the move will improve the child's school or community.
- Whether the parent's motive was to harm the non-custodial parent.
- Whether the non-custodial parent's motive in resisting the move is to harm the custodial parent.
- Whether the non-custodial parent will still be able to have ongoing and significant contact with the child.
- The nature of the non-custodial parent's contact with the child so far. In cases that denied the move, a consistent theme is that the other parent has spent many hours each week with the child, consistently showed up for all his or her visitations, and established a close, supportive, and loving relationship with the child.
- The effect, either way, on the child's contact with grandparents and other people who are important influences in his or her life, as well as contact with the child's native culture.
The other parent would need to prove a significant change of circumstances to modify the previous order. The overall best interest of the child is the deciding factor for the court, based on all the facts and circumstances in each case. If the child is already confused, further estrangement may lead to serious abandonment issues that the child will feel the effects of for a long time.
Please see the information at the following links:
http://definitions.uslegal.com/m/modification-of-divorce-decree/
http://definitions.uslegal.com/c/child-custody-and-support/
http://definitions.uslegal.com/s/shared-custody/
http://definitions.uslegal.com/i/interference-with-custody/
http://lawdigest.uslegal.com/family-laws/child-custody/
http://definitions.uslegal.com/p/primary-custody/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
