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HOW TO DEFEAT A "RESIDENCY RESTRICTION" IN COURT

Posted by Anita Cutrer | Jan 15, 2020 | 0Comments

Below is a list of some of the most important pieces of evidence you and your attorney can present to convince a judge to allow you to move with your child outside a court imposed residency restriction.

1.  The other parent is not involved in the child's life.  One example of the is if the noncustodial parent doesn't consistently exercise his/her possession as ordered by a court, and does not attend the child's extracurricular activities.  Perhaps if the noncustodial parent doesn't even see the child when he/she has a right to, that parent is not interested in a close relationship with the child.  Therefore, neither the child nor the noncustodial parent would be harmed if the child moves. 

2.  The other parent has moved out of the county.  If the other parent has moved out of the area to which the residency of the child is restricted, the custodial parent will often be permitted to move.  Many Final Divorce Decrees have language to that effect.

3.  The other parent is not paying child support.  If the other parent is not paying child support and this makes it impossible for the custodial parent to survive in the county financially. If the custodial parent has a good job opportunity in another county and there is proof that the child would be better off living there, a judge might lift the residency restriction.

Remember that the final question is always:   "Is the move in the best interest of the child."

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