This is one of the most difficult issues in family law. The custodial parent may petition the court to remove the children to another state. Or the non-custodial parent, who lives in another state, may petition for custody of the children. In order for the petitioner to be successful, he or she has to show that the move will provide a “real advantage” to the children. Valid reasons for a move to another state may include a better job offer, proximity to family, a re-marriage, or a more stable environment for the children.

A Guardian ad Litem is often appointed to investigate and report to the court on whether the petitioner should be allowed to remove the children. If the court allows such a removal, the parenting plan is usually re-configured to give the non-custodial parent the majority of the school breaks and summer vacation. Travel expenses may be shared. Child support may be adjusted to take travel expenses into account. Needless to say, removal may be even more disruptive to parent/child relationships than divorce. It is especially difficult for the non-custodial parent.