Parents of Albuquerque who have been through a divorce, or who are currently considering one, may exert a lot of effort to ensure the process is fair and comfortable to the children involved. A divorce or a custody arrangement can grow more complex when one of the parents decides to relocate, and the farther away they move, the more planning and arrangement it will take. These are known as move-away custody cases.

Family law attorneys have pointed out the many difficulties with move-away cases in a recent article on Huffington Post. It can effectively cut one parent completely out of the lives of their children. Experts say that it is uncommon for the ex-spouses to agree on all the details of the move-away, especially in how the timeshare will work. If the parents are unable to come to an arrangement, then it will be necessary for the court to intervene.

The family court may grant the moving parent the right to take the child with them, or they may work out new child custody arrangements with the parent that stays behind. In either case, the “best interest of the child” becomes more difficult to determine. The court’s major goal will be to maintain stability and continuity in the lives of the children. They will consider how far away one parent plans to move as the disruption changes depending on the distance. Very young children are seen as less able to handle the stress of a move-away arrangement, but children over the age of 14 will be consulted by the court, and their wishes will be taken into consideration.

At all times the court will keep what the judge perceives as the best interests of the child in mind. It may be helpful to consult with an attorney for advice about how to arrange custody for move-away cases and present the plan to a court.

Source: The Huffignton Post, “In the Child’s Best Interest: What It Means in Move-Away Cases“, Lisa Helfend Meyer, February 12, 2014