When considering modification of child custody due to a legitimate relocation of a parent, the superior court must assume that the legitimate move will take place and consider the consequences that the move will have on the child, both positive and negative. In cases in which modification of child custody is sought due to relocation of a parent, once a parent has shown that the decision to relocate is a legitimate one, then that parent is not required to defend the move a second time by showing that life with that parent is superior to life with both parents in the same city.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com