My Ex-Spouse Wants to Move Out of the Country with Our Child – What Do I Do?

Posted on: August 17, 2022

My Ex-Spouse Wants to Move Out of the Country with Our Child – What Do I Do?

Look to your child custody agreement. It may not allow either parent to move out of state depending on what was agreed upon. Moving to another country can not be allowed without yours or the court’s permission. Express your disapproval to the court and a hearing will be held to determine whether or not this move would benefit the child.

Our expert family law attorney, Michelle L. Tran, can be there to represent what you believe is best for your child. Call (949) 585-9055 today to schedule a free consultation, or you can easily schedule one online.

Continue reading to learn about ways to prevent your ex-spouse from potentially moving out of the country with your child.

Take to the court

Anything involving disagreements about an ex-couple’s child can be disputed in court. The other parent can not simply take the child out of the country just because they want to. A matter of that magnitude needs official legal permission to do so. However, ex-spouses with sole custody of the child tends to get this type of permission more easily.

The best interest for the child

Numerous factors will be considered when determining whether or not permission will be granted to the move. The number one responsibility of the court is to decide what is best for the child. If moving to another country will benefit them in some way, it must be absolutely proven. Factors that go into this decision include:

  • The overall reason for the move
  • Educational benefits
  • Moving closer to family
  • The current relationship between the parents
  • The distance of the move
  • If the child is old enough to decide for themselves

The court will typically always side with what is best for the child. If moving to another country will benefit them in more than one way, it could be difficult to sway the court to deny permission.

Hire the experts

When it comes to children, it is crucial to get the best legal support you can find. Here at the Family Law Offices of Michael L. Fell, our seasoned expert Family Law attorney Michelle L. Tran will get the results you seek. Call (949) 585-9055 today to schedule a free consultation, or you can easily schedule one online. Don’t let your visitation be reduced to only virtually, keep your child within a reasonable distance with our legal assistance.