I understand no one can not predict what a Judge will do in a case, however, has a judge ever allowed a mother (primary parent) to move away. Basically I want to know if there is any real possibility for a judge to allow a primary parent to move away, or do the majority of judges say absolutely not? If so, can you give me some examples of when a judge has allowed this? Thank you.
Yes, it is possible for a judge to allow a primary custodial parent to relocate with the minor children over the objection of the other parent.
You must be able to show that a relocation to the new town is advantageous and beneficial to the minor children and that it is in the best interests of the minor children for the relocation to occur. Judges will be looking for evidence to be presented regarding schools and education opportunities, cultural experiences and opportunities, location of extended family and how close the minor children are to the extended family, medical care options and availability (especially if a child has a special medical concern), the bond and relationship currently existing between the minor children and the other parent, etc.
These cases are very fact-specific and vary greatly from case to case.
Check out our Child Custody Relocation Resource on our website - this page has many detailed articles about relocation and child custody cases and different types of relocation (for example: relocating for a job, relocating for a remarriage, relocation to be closer to family, etc.) which you will likely find useful.
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