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Factors In Deciding Whether A Parent May Move
Six months after the divorce, Amber Bishus, who has custody of the children, gets a
job offer in a faraway state. She wants to go and accept the job, but Knott M., her
ex-spouse, wants to keep the kids nearby.
The issue ends up in court. In this inquiry, the courts typically consider the
following factors.
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Whether the move will better the child's standard of living.
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Whether the move will improve the child's school or community.
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Whether the parent's motive was to harm the noncustodial parent.
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Whether the noncustodial parent's motive in resisting the move is to harm the custodial parent.
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Whether the noncustodial parent will still be able to have ongoing and significant contact with the child.
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The nature of the non-custodial parent's contact with the child so far. In cases that denied the move, a
consistent theme is that the other parent has spent many hours each week with the child, consistently showed
up for all his or her visitations, and established a close, supportive, and loving relationship with the child.
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The effect, either way, on the child's contact with grandparents and other people who are
important influences in his or her life, as well as contact with the child's native culture.
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