Even though the court will usually consider individual BIOC factors, these burdens are similar to presumptions by giving a procedural advantage to one side.
92) This type of burden ignores many factors of the BIOC standard.
Missouri places the burden on the relocating parent to show that the move is in the BIOC and that a proposed relocation is made in good faith.
104) At the initial child custody trial, all state family courts have already used the BIOC standard in making their original custodial determination.
Thus, using this common standard, these states emphasize BIOC factors because the courts are familiar with and feel comfortable using them.
Treating a relocation matter in the same manner as a request for modification of custody, these state courts apply a two-pronged approach: (1) require a showing of a "material" change in circumstances since the original award of custody, and (2) require the custodial parent to show that their interest in moving is in conformity with the BIOC.
other states that do consider a move sufficient to justify an evidentiary hearing and mandate BIOC analysis in those hearings are less receptive to a custodial parent wishing to relocate.
Twenty-six states subscribe to the modification custody standard which coincidently champions the BIOC criteria in some form or fashion.
If the federal government does not intervene to protect those servicemembers by mandating that the states refrain from drawing a negative inference against a custodial parent under their respective BIOC analyses when a custodial servicemember receives PCS orders, then potential servicemembers who want families or have children might not even consider joining the United States military.
Appendix A State Laws on Relocation of Children Relocation & Modification of State Relocation Modification Custody /or/ Presu motions Burdens BIOC Standard Alabama Ala.
Determine the state's BIOC factors in shaping a good faith attempt to relocate or prevent relocation.
The statutory BIOC standard and the state's non-BIOC mandatory factors as applied to the facts or motivations for the move.