Full question:
I have heard that it's possible to prevent a former spouse from taking the children of the marriage out of the state where the other parent resides. I live in Hawaii. My wife is divorcing me and has taken my children to Germany were she is stationed as part of the military. She has offered to let me see my children in the summer time, but will not allow me to see them any other time. I would like to make it where at least my kids will be in the same state as I if I can't get custody of them.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Hawaii
Answer:
When one parent wants to move away after a divorce, it can create legal challenges, especially if the other parent wishes to prevent the move. If the custodial parent wants to relocate, the non-custodial parent can contest this decision in court. The court will consider several factors, including:
- Whether the move benefits the child's education or community.
- The custodial parent's motives for moving—whether they aim to harm the non-custodial parent.
- The non-custodial parent's reasons for opposing the move—whether they intend to harm the custodial parent.
- The ability of the non-custodial parent to maintain significant contact with the child.
- The nature of the existing relationship between the non-custodial parent and the child.
- The impact on the child's relationships with extended family and their cultural ties.
In cases where the move is denied, a common theme is that the non-custodial parent has been actively involved in the child's life, attending visitations regularly and fostering a close relationship. Ultimately, the court's decision will focus on the best interests of the child.
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.