In a divorce with a child. Mother has filed relocate papers, How to stop her from relocating?

Child custody issues can get very emotional and complex during a divorce and even afterwards. Bad feelings between parents color how they approach issues of who gets primary custody, the time and lengths of visitations, and who has the final decisions regarding the child's welfare. Many courts follow the premise that the parents' rights should not infringe on the best interest of the child.

One contentious issue that often arises is when a custodial parent seeks to relocate to another state or even another country with the child(ren). In these cases, courts look at several factors: the nature and quality of the relationship between the child and each parent; the impact a move will have on the child; whether the relationship between the child and the non-relocating parent can be maintained through reasonable arrangements; and the impact of access by a non-custodial parent. The courts also carefully look at the asserted reasons for the move and the reasons contesting the move.

If possible, the courts will try to mediate a modification in the custody agreement between the parents. However, some jurisdictions will restrict the custodial parent's rights to relocate if the non-custodial parent objects. Although there is a general presumption that the relocation will be permitted, that presumption can be rebutted with a showing by the non-custodial parent that the move will be more detrimental than beneficial to the child or children.

Definitely consult with an attorney regarding your state's laws regarding child custody and relocation.