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The law of relocation of children

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Abstract

The trend in the law of relocation of children following divorce or determination of paternity is to decide cases based on their own facts rather by strong presumptions for or against relocation. Another common approach is to divide the burden between parents. Statutes of many states require the custodial parent to give notice, between 30 and 90 days, of the intent to relocate with the child. Courts consider a variety of factors in relocation cases but differ on the degree to which a benefit to the custodial parent will be presumed to be a benefit to the child. Three national organizations have developed standards for deciding disputes regarding the relocation of children, but none of the standards have been widely adopted. When courts focus on the facts of each case and make careful finding of fact, the best interests of the child are served. Copyright © 2010 John Wiley & Sons, Ltd.

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