Can you relocate with your children after a divorce?

On Behalf of | Apr 18, 2022 | Child Custody |

It’s been months or weeks after your divorce, and you have finally landed your dream job. However, it requires you to relocate out of state.

Given that you are bound to a custody agreement with your ex-spouse, will it be possible to relocate with the children? Will you have to leave them behind if you had physical custody?

Should your co-parent oppose your relocation with the children, you may have to seek a court order allowing you to do so. Otherwise, you could be in violation of custody orders if you make the move without the court’s approval and it could prove costly. Here is what you need to know.

You need a legitimate reason to move out of state

Since your relocation is likely to affect the existing parenting plan, you need to show the court that the move is necessary and that you are not just doing it to prevent your co-parent from accessing the children.

Remember, the court will also look into your co-parent’s reasons for opposing the relocation.

To where are you relocating?

Your relocation should be reasonable given the current circumstances. For instance, the other parent should not have to go through much hassle to exercise their visitation rights.

Is the relocation in the best interests of the children?

The court is always guided by the child’s best interests when making or modifying custody orders. Therefore, you have to show that the children will not be negatively affected by your move.

Will the court grant your wishes?

Relocation can be stressful, especially if you are tied to a custody arrangement, yet you do not want to leave your children behind. It could hold you back from achieving your dreams since you might have to give up the job offer if it means leaving the children behind.

Therefore, it is advisable to start planning your strategy early enough before the relocation proceedings begin for you to sway the court and get the orders allowing you to move with the children.