If I have primary physical joint custody, would I have a good chance of getting custody to move out of state? Secondary parent is behind on child support payments and is inconsistent with holding a job.

moving out of statePrimary physical custody does not always guarantee that parent will be able to relocate out of the state. The Court will consider lack of financial support but more importantly:

  1. whether the relocation will be detrimental to the relationship with the parent being left and

  2. whether there is an independent benefit to the child with the relocation.  

Lack of financial assistance, lack of consistent contact, and the circumstances surrounding the relocation will be evaluated.

 

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Kellam T. Parks
Managing Member of Parks Zeigler, PLLC