Joseph Brophy Cordell Attorney at Law
Serving West Virginia and Maryland
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Does your new job take you across state lines?

Living here in Martinsburg provides you access to employment in at least three other states and the nation's capital. From here, you have numerous options if you are willing to commute, and many people do. Whether the cost of living, lower housing costs or wide-open spaces drew you and your family to the state, you now face the prospect of moving for a new job.

Except, you have one large and important problem — the child custody agreement between you and your ex-spouse. The law does not allow you to simply move with the children. Even if your ex agrees to the move, the court will need to approve it as well.

Will the move benefit your children?

Just as it was when you sought the court's approval for your current custody arrangement, the best interests of your children will be the standard when you ask the court's permission to move with the children. You need to know that the court often prefers not to disrupt the children's lives any more than necessary unless it's for a good reason. This means that the court may start from the presumption that you should not relocate with the children.

You will need to overcome this assumption in order to convince the court that the move is necessary. One of the biggest things you can do in this regard is make sure that the other parent knows about your prospective move well in advance and before you go to the court. The other parent has the right to weigh in on the move both in and out of court. If you can show the court that the move will provide a better life for your children, this may provide the approval you need.

Will you need support?

The court will consider numerous factors when determining whether to approve your move. You will need to provide the court with evidence regarding how you believe life will be better for your children. More than that, you will also need to show how the other parent will get as much visitation with the children as possible.

Before you go to court, you may want to understand the applicable laws, your legal options and the types of evidence that will help you put your best foot forward in court. You may need help figuring these things out, and making use of the legal resources in your area could give you the assistance and guidance you need.

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Joseph Brophy Cordell, Attorney at Law
115 1/2 West King Street
Martinsburg, WV 25401

Phone: 304-707-0673
Fax: 304-263-3378
Martinsburg Law Office Map