June 12, 2017

What is a move-away case?

When parents in Michigan divorce, it leaves a lot of potential questions about how life with their child will proceed. For example, you may wish to relocate eventually, but the process of relocating with a child you have joint custody over may be more complex than you expect.

HuffPost focuses one of their articles on move-away cases, in which the custodial parent wishes or needs to move and the court must decide whether or not it’s in the best interest of the child to move with them. It’s a difficult decision to make because there is essentially no way to avoid someone in the situation coming out on the bottom. Either the non-custodial parent will lose out on being able to actively and frequently participate in their child’s life, or the custodial parent will have to sacrifice their moving plans or move away from the child.

The child may also suffer, as this will cause more of a disturbance in their already likely turbulent life. Generally speaking, children should have some semblance of reliability in their day-to-day schedule. A divorce is already uprooting them from familiarity and comfort. Introducing a potential moving situation can cause them to suffer from emotional or mental stress, especially if they don’t wish to lose contact with either parent.

Move-away cases aren’t exactly uncommon, but that doesn’t make them easier for courts to handle. They will always keep the best interest of the child in mind, but this can be difficult to determine in a situation where every answer comes with possible difficulties. Unfortunately, there are some situations where move-away cases are unavoidable and must simply be handled to the best ability of all involved parties.