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Relocating with children after divorce

Maintaining a quality relationship with your child after a divorce can be difficult especially when one parent has primary placement and the child sees the other parent only part time. However, sometimes life changes make relocation necessary and can increase the distance and time between visitations. Whether for a job or for family reasons, relocating with children after divorce should warrant some serious consideration and maybe even a call to your attorney.

Depending on your divorce and child custody plan, you and your ex may already have rules in place regarding relocation. Each state is different and usually offers guidelines for custodial parent relocation. If there is no agreement between parents about relocation, then the family court may decide if relocation is in the child's best interest. If it is not, the court can order that the custodial parent remain in the state.

Custodial parents that are considering relocation need to have consent to relocate either by agreement or court order. Along with consent, custodial parents must give the non-custodial parent an advance notice of their planned relocation. Beyond that, state laws vary. Some states may require that there be a maximum distance for relocation set to prevent parents from moving so far away visitation is not feasible. Other states may require the custodial parent show proof that the move is in the child's best interest or is necessary.

There are many aspects to look into when considering relocation with children. It is not uncommon for custodial parents to feel free to make certain decisions for themselves and their children that should be made with an attorney. Parents considering relocation should speak to an attorney to stay informed of their rights and responsibilities.

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Goddard & Malmquist
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