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Family Law

Child Custody

In those states that examine the relocation of a parent under a “best interests of the child” analysis, what are the factors that courts consider?

States have different factors that they use to determine the best interests of the child. Some common factors include: whether the relocation will improve the quality of life for the primary custodial parent and the child; whether the motivation for the move is legitimate or done in bad faith to frustrate the visitation rights of the other parent; whether the relocation will allow each parent a realistic amount of time to be a parent; whether the relocation will have a positive or negative impact on the child’s stability; and whether the primary custodial parent is likely to comply with visitation requests from the other parent. Again, these factors can vary quite a bit from state to state. It is important to consult good legal counsel if confronted with this legally and emotionally difficult situation.



Child custody can become particularly problematic if one of the parents needs to move far away from the other spouse. In such cases, the courts consider what to do in the best interest of the children (iStock).
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