How do you get a move away order for out of state?

In order to obtain a move away order to relocate with the child out of state, the requesting party must submit a request to the court in order to do so. The court will consider the following:

• Have circumstances changed since the original order for custody and visitation was issued?
• Is the purpose of the move to prevent the non-custodial parent from having contact with the child?
• Is a move out of state going to be detrimental or beneficial to the child?
• If the parents have joint or shared physical custody, how much time has the child been spending with each?

The court does not answer these questions at just one hearing. In almost all cases, if the parties are not in agreement with the move, the court will order that a "730" evaluation take place.

This evaluation consists of thorough interviews conducted by a court-appointed professional, primarily, a psychologist. The psychologist will render a report at which time, he/she will make a recommendation stating that the move is either not in the child's best interest or that it is. The court will consider the recommendation and make a determination of the move as well. This process is not easily handled. It takes time and is costly.