| A court can grant leave or permission to a person | | | | visitation rights of the non-custodial parent must be |
| who has custody of a minor child to remove the minor | | | | considered. Will visitation be realistic and feasible? |
| child from the current jurisdiction to live in another | | | | A full consideration of the benefits that a child can |
| jurisdiction. The determining factor on whether or not | | | | derive from the financial and emotional well-being of a |
| to allow removal is the best interest of the child | | | | custodial parent is required. Courts may allow removal |
| standard. The party seeking the right to remove has | | | | when the custodial parent remarries a person from |
| the burden of showing that the removal is in the best | | | | another state. The child may benefit by having the |
| interest of the minor child. To temporarily remove a | | | | custodial parent closer to the new spouse. |
| child from the jurisdiction, the party doing the removal | | | | A better job opportunity has also been used as |
| shall inform the other parent or parent's attorney. The | | | | grounds for removal. The increased earnings will allow |
| removing party shall also provide telephone contact | | | | for a better lifestyle for the child. Currently, there has |
| information as well as a prospective date of return. If | | | | been a trend against removal. The emphasis seems to |
| the removal is to another part of the same state, the | | | | be placed more directly on the best interest of the |
| custodial party is not required to seek court permission. | | | | child and less on the opportunity of the custodial |
| There are several factors that are considered when | | | | parent. |
| determining the child's best interest and include: Will the | | | | If the non-custodial parent has been highly involved in |
| move enhance the life of the child and of the custodial | | | | the child's life, removal would be very difficult to obtain |
| parent? Is the removal simply an effort to frustrate | | | | and would provide a hardship to the entire family. The |
| visitation with the non-custodial parent? What is the | | | | conduct of the non-custodial parent is a major factor in |
| motive of the non-custodial parent in frustrating the | | | | whether or not to allow removal. If the non-custodial |
| removal? The court must consider the child's interest in | | | | parent is absent from the child's life, the court will be |
| having a healthy can close relationship with both | | | | more likely to grant the removal. |
| parents as well as other family members. The | | | | |