Ask a family law court judge to name the most difficult type of case to decide and most likely she or he will say move-away child custody cases, which in family law parlance means when one party seeks to relocate with her or his child to another geographic area. The requested destination could be a 60-mile move or a 6,000-plus-mile move.
After separation, when a custodial parent decides to move, often heart-wrenching decisions have to be made about where the children will live and how and to what extent the other parent will maintain a relationship with them. If a Court grants the move, the non-custodial parent will no longer be able to participate in the day-to-day life of her or his child — missing out on carpooling, school events, helping with homework and extra-curricular activities. On the other hand, if the Court denies the custodial parent’s move-away request and the custodial parent has no choice but to move away from his or her current geographic location, then the child will be separated from the parent with whom the child may have the closest bond. In either situation, the child loses.