Q: I have full custody of my 6 year old. I want to relocate 143 miles away. What legal steps are next?
I want to move to the city from a small town for a better job and more opportunities for my 6 year old daughter. What legal steps would be next if the father denies the move and may want to fight for joint custody? I have sole custody right now and he has parenting time as well.
A:
Even though you have sole legal custody, the father has the right to object. This will cause the court to hold an evidentiary hearing. Because you have sole custody, the burden is on the father to show why the move shouldn't happen. If he also wants to fight for joint custody, the burden, again, will be on him to show by clear and convincing evidence that a change of circumstances occurred and that it's in the best interest of the child to have joint custody - a pretty tall order.
Further, one factor the court may consider in determining whether a move should be allowed is the degree to which the objecting parent may be seeking to reduce any support obligation.
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