What is a good faith burden of proof?

You and your spouse got divorced last year. You now live a mile apart in the same city. As such, it's easy for you both to see your child, even though you technically have custody.

Now, though, you're interested in moving, and you've found out that there is a "good faith burden of proof." What is this, and how is it going to impact the case?

Essentially, it just means that you need a valid reason to move. You have to show the court that the move makes sense.

After all, it could be difficult -- socially and emotionally -- for the child. He or she may not see the other parent as often, may lose a social group from the area, and may have to start at a new school. These are serious changes that can't be taken lightly.

What are good reasons to move? It can vary from case to case, but examples include:

1. Trying to move closer to your immediate family, especially if that means a grandparent or other relative gets to help with the child.

2. Attempting to find a lower cost of living, as providing for your child may be hard on a single income.

3. Moving because you've been offered a job that you want to take.

4. Going back to school.

In many ways, the court just wants to make sure you're moving for a positive reason, to better your life and your child's, and not just to keep your ex away from the child out of spite.

This process can be complicated. Make sure you know what your rights are and what legal steps to take. Don't just assume that you're free to move whenever and wherever you want.

Source: FindLaw, "Child Custody Relocation Laws," accessed Aug. 18, 2017

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