The Court will consider the following factors/guidelines in determining what is in the best interest of the minor child(ren) to physically move beyond 100 miles or to another state (change in domicile). These four factors listed below will be considered, evaluated, and determined by the court:
- Whether the prospective move has the capacity to improve the quality of life for both the custodial parent and the child;
- Whether the move is inspired by the custodial parent's desire to defeat or frustrate visitation by the noncustodial parent and whether the custodial parent is likely to comply with the substitute visitation orders where he or she is no longer subject to the jurisdiction of the courts of this state;
- The extent to which the noncustodial parent, in resisting the move, is motivated by the desire to secure a financial advantage in respect of a continuing support obligation; and
- The degree to which the court is satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern, which can provide an adequate basis for preserving and fostering the parental relationship with the noncustodial parent if removal is allowed.
The parent that is requesting the change of domicile must show by a preponderance of the evidence that the request to move out of state should be in the best interest of the child(ren) and granted by the court. This applies to a move to another state, even if the move is less than 100 miles.
