I have primary custody of 2 children and want to relocate, what is the best way to go about this?

In a situation where a custody order is already in place, it cannot be maintained if one or both parties move out-of-state.  Accordingly, a move could mean that you are in contempt of a court order.  In many cases, you may wish to file for modification of the existing custody order to obtain the court's permission to move with the minor children.

 The factors in determining if such a move will be allowed include, but are not limited to: 

• The motivations of the parent desiring the relocation.
• The motivation of the parent opposing the move.
• The advantages of relocation in terms of its capacity to improve the life of the minor child.
• Any disadvantages of relocation on the minor child.
• The likelihood that a reasonable visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.
• The likelihood that the parent desiring the move will comply with visitation orders after they have relocated to another state.

 A parent who wishes to relocate because of a job, new spouse, or to care for sick relatives will have a stronger case than a parent who simply wants to move away from the non-custodial parent.  Similarly, a parent who can demonstrate that the move offers numerous advantages in terms of its capacity to improve the life of the minor child has a stronger case than a parent of a minor child for whom the move offers numerous disadvantages. 

If you or your spouse is considering relocating with a minor child, you should consult an attorney with experience handling these kinds of cases.  Remember, there is a court order in place until it is modified it must be followed.  Merely, getting a piece of paper notarized will not suffice.  Going about this move in a legal and proper way is the best protection for you and your child in the long run.  You never know, down the line your ex just may decide to cause trouble.