ALC is a Coeur d'Alene Based Law Firm, Handling Probate, Family Law, Bankruptcy, Personal Injury and Civil Litigation Matters

Move-Away Rights

Coeur d’Alene Family Law Attorney Handling Relocation

Serving Coeur d’Alene & Kootenai County areas, including Coeur d’Alene â–ª Post Falls â–ª Hayden

Few situations are as heart wrenching following a divorce or separation as when a custodial parent wishes or needs to move out of state. If a move-away is accomplished, it will most likely result in a severe reduction in accessibility of the non-custodial parent.

If you wish to move away with your child or children and your ex-spouse or ex-domestic partner is opposed to the idea, prepare to invest a great deal in legal representation. As a free citizen, you have the right to live anywhere you wish to live. However, as a separated or divorced parent of a child whose other parent asserts his or her right to parenting time, you do not have the right to move your child out of state without the court’s approval.

In child move-away cases as in all family law cases involving children, the welfare of the children takes top priority in the eyes of the law. Some divorced or separated parents have worked out arrangements such as summer-long residence of the child with the non-custodial parent, which courts and both parents have accepted. In cases where the non-custodial parent does not agree to such a plan, the custodial parent may have a very tough decision: to move without the child and become the non-custodial parent, or to find a way to stay in town and forego other career or family objectives.

You may feel that your particular situation has unique circumstances that you would like help communicating before a judge. Your aging parent in another state may need care, or your child’s other parent may put your child in harm’s way by association with drug dealers or dangerous dogs, for example. Discuss your particular situation with a lawyer who is caring and experienced. Let the Advocacy Law Center, PLLC, help you find a way to put your child’s needs first while pursuing personal goals that have led you to believe that you need to move out of state.

Move away family law situations represent an area of the law that frequently changes as new legal precedents are established when complex cases are decided by the courts. A conversation with an attorney is an important place to start. Contact a family law attorney at the Advocacy Law Center, PLLC, in Coeur d’Alene county to schedule a free phone consultation regarding move away circumstances or any aspect of a Idaho divorce or child custody order. Credit cards are accepted.

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