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Factor 2: Quality of Life When the judge weighs the quality of life, he must also look at several sub-factors: a) The emotional, physical and developmental needs of the child, b) The child’s opinion as to where he wants to live, c) How much the moving parent’s income will be increased, d) How much the child’s living conditions would be increased, e) Any educational advantages, f) The quality of the relationship between the child and the parents, g) The strength of the child’s ties to the present community and extended family living there, h) How likely it would be that the move would increase hostilities between the parents, and i) The living conditions and employment opportunities of the relocating parent. Needs of the Child The judge first looked at whether the needs of the child would be met in another state.Bart was active in sports and took piano lessons where he lived.However, the expert also testified that children who have to move their place of residence do not usually experience long-term negative effects. The general rule of thumb is that the older and more mature a child is, the more the judge will likely take his or her opinion into consideration.Bart was nine and the judge talked with Bart in the judge’s office.A commonly seen legitimate reason is that the parent found a better paying job that wasn’t available to them in their state.However, a parent who wants to leave so that they can live with their new spouse, who is employed and resides in another state, can also be a legitimate reason, at least according to case law in my state.
The court will look at each factor and decide if the factor is in favor of mom, in favor of dad, or it is neutral.By Nancy Shannon Cordell & Cordell Divorce Lawyer A child custody relocation case, where one parent wishes to move out of state with the child, typically involves a trial where the left-behind parent can make a case for why the other parent should not be allowed to relocate with the child.In general, the parent looking to relocate must give notice to all other individuals entitled to exercise visitation at least 60-90 days before – depending on the jurisdiction – so that the non-relocating party can have an opportunity to object.Jack decided that if Jill stayed in their state, he would want visitation to continue on like it had been.He also decided that if Jill were allowed to move to out of state then he would want visitation and child support modified, but he didn’t request a change in custody.