Relocating Out of State with a Child
Moving to a new state can be difficult even under the best of circumstances. Yet, when you and your child's other parent are divorced, a relocation out of state can be even more challenging. However, despite this difficulty, an out-of-state move is sometimes necessary.
Common reasons a parent may need to relocate out of state include:
- A new job opportunity
- Needing to be closer to family
Many parents also move to gain better opportunities for their children, whether this means a safer neighborhood, better school districts, or a lower cost of living. Every family is unique, and your reason for relocating will be different than someone else's.
Filing a Request to Relocate
Most parents share custody of their children post-divorce. This means that if you want to move with your children, you will have to file a request to relocate with the court. You will also have to provide your co-parent with written notice of your intentions to move.
When considering out-of-state relocation requests, the courts may take the following into account:
- Why you want to relocate
- The opinion of the other parent
- If the move is in the best interests of the child
- Whether your co-parent will be able to visit you in your new location easily
- Whether your child has family or friends in the new location
- Any other relevant factors
If your co-parent agrees to the relocation, they will not have to attend court with you, and the court is more likely to approve the relocation. However, if your co-parent opposes the move, you will have to participate in a court hearing. At this hearing, you and your co-parent will present your respective arguments for and against the relocation.
Can a Mother Move a Child Away from the Father?
Many people erroneously believe that the court system privileges mothers over fathers. This is not the case. The court's primary objective is to protect the child's best interests. Doing so will look different for every family. Sometimes, it will mean allowing one parent to move out of state with the child. However, the courts do not take these decisions lightly.
If you are in a position where your co-parent wants to move out of state with your child, and you do not believe it is in your child's best interest, we recommend that you reach out to an experienced child custody lawyer, like ours at the Law Office of Greg Quimby, P.C. We can help you identify your legal options, and represent you should you need to return to court.
Moving Out of State with No Child Custody Agreement
If you and your child's other parent are separated but not yet divorced, or you are currently in the midst of your divorce, moving out of state may be even more difficult than were you to file your request post-divorce. Often the courts consider an out-of-state move mid-divorce too turbulent and will deny the request. Similarly, without a custody agreement on file, you may run into other problems down the road with your co-parent and the court system.
Regardless of your situation, you should always consult with an experienced attorney before moving out of state with your children when you share custody with a former spouse or partner. Call our law firm if you do not currently have a child custody agreement and are separated from your child's other parent. With years of experience behind us, we can help you establish a custody agreement that protects your child's best interests.