This question is very likely the one that child custody lawyers answer the most frequently, in a post-divorce situation. We'll come back to this point. We'll examine just what it is that you're asking, at the end of this chapter. First, let's examine the legal standard, the rules that apply to the judge. So you need court permission, you need for your divorce judgment or visitation order to be amended, to provide that you may move out of the state.
Some states require a determination that the move is in the best interests of the children.
That means that the judge must hold a hearing, whether brief or lengthy, and must make a determination on all of the twelve factors that we've discussed earlier. A very cumbersome process, and, in addition, it just takes too darn long to get into court, when all of those factors need to be examined. But your state may have that language in it's statute or case law, and you need to discuss this with your lawyer. Many states, including Michigan, recognizing that the process needed to be simplified, adopted an easier method for examining the proposed move, and listed several factors that apply, and said further that these factors, and no more, are what determines whether or not the court will give permission for the move. The court is going to hold a short hearing on the factors governing moving parents, and then make the decision.