Moving


#1

Hello and thank you for answering questions posted on this public forum. My question regards moving out of State. I lost my job and need to find another one but have experienced trouble finding one. My fiancee, who does not currently have a full-time job, has been offered a job in another State. I currently have 60/40 physical custody with me having the 60%. I know that moving to another State is based on whether the move is in the best interests of the child but I was wondering how much stronger a case we would have in court if we were married versus if we were simply engaged and scheduled to be married in late Spring?

Thank you.


#2

Whether you are married may go to the court’s decision to show stability for the children which would go to whether the move is in the best interests of the children. Regardless of your marital status, judges are very reluctant to allow parties to move with the children, and are even more reluctant to allow them to move based on the job of a spouse or a prospective spouse. You should also try to locate a job in the place your fiancée has gotten a job, and both of you should continue to search for jobs locally. This will show the judge that you are making every effort not to move the children, and that while it is not ideal, it is in their best interests.