Linda D. Elrod is writing a book for the American Bar Association entitled A Lawyer’s Guide to Handling Relocation Cases. We got a preview in this month’s Family Advocate. She says that the states fall into three general categories on relocation:
1. Relocation is not a change in circumstances (so the parent with physical custody usually wins).
2. Relocation is a sufficient change for a hearing and the parent that wants to move has the initial burden of proving it is in the child’s best interest then the burden shifts to the other parent to show the move is not in the child’s best interest.
3. Relocation may be a change of circumstances but there are no presumptions and each parent has to prove it is in the child’s best interest to be with him or her.