Relocation Presumptions by State

[CJane]

What is the name of your state (only U.S. law)? ALL

Not that anyone will ever do a search and get this info, but it's interesting to me how many states have a presumption FOR granting the relocation...

http://www.abanet.org/family/advocate/2804RelocationChart.pdf

 

[LdiJ]

What is the name of your state (only U.S. law)? ALL

Not that anyone will ever do a search and get this info, but it's interesting to me how many states have a presumption FOR granting the relocation...

http://www.abanet.org/family/advocate/2804RelocationChart.pdf

Some of that may be a little out of date since the chart is from 2006. However what surprised me more was how many states don't have a specific notification period. It looks like only about half have one.

 

[Ronin]

Some of that may be a little out of date since the chart is from 2006.

Some of it is out of date even when looking at this chart in 2006. For example, in Texas it only cites a couple of appeals court cases from 2002, but fails to cite the more compelling Lenz v Lenz state supreme court case shortly afterward. I remember Florida having newer legislation and precedent also.

Nevertheless, the chart does get one started in the right direction. Arguments for and against relocation should be framed in the context of their states case law reflected in these appeals. State presumptions are more of an indicator of which way each state is "inclined" to go, rather than a hard and fast rule for or against relocation.

However, as these things go, all "Presumptions" are rebuttable, and judges have an awful lot of discretion in determining whether the facts in any case rebut the requisite presumption... or not. By far, appeals court rulings affirm lower courts on any challenges to the sufficiency of the evidence.

 

[LdiJ]

Some of it is out of date even when looking at this chart in 2006. For example, in Texas it only cites a couple of appeals court cases from 2002, but fails to cite the more compelling Lenz v Lenz state supreme court case shortly afterward. I remember Florida having newer legislation and precedent also.

Nevertheless, the chart does get one started in the right direction. Arguments for and against relocation should be framed in the context of their states case law reflected in these appeals. State presumptions are more of an indicator of which way each state is "inclined" to go, rather than a hard and fast rule for or against relocation.

However, as these things go, all "Presumptions" are rebuttable, and judges have an awful lot of discretion in determining whether the facts in any case rebut the requisite presumption... or not. By far, appeals court rulings affirm lower courts on any challenges to the sufficiency of the evidence.

Some of it though is very up to date for 2006. Indiana's relocation law was very new in 2006, and they got that right.