Divorce often brings significant life changes, and for some parents, moving to another state feels like the best choice for a fresh start or better opportunities. However, when children are involved, a parent’s decision to relocate is rarely simple. The legal and emotional impact on both the child and the other parent can be substantial. Understanding how courts handle out-of-state moves can help you prepare if you or your former spouse wants to relocate.
Can I Move Out of State With My Child After Divorce?
A parent who wants to move out of state with a child usually needs either the other parent’s permission or a court order. If both parents share legal custody, one cannot simply pack up and leave with the child. Most states require the parent who wants to move to prove that the move serves the child’s best interests. This often means showing that the new location will offer better education, family support, or job opportunities, and that a reasonable plan for ongoing contact with the other parent can be maintained.
What Legal Standards Will the Court Use?
Courts primarily focus on what is in the child’s best interests. Judges look closely at the reasons behind the move, the impact on the child’s relationship with both parents, and how feasible it is to maintain a meaningful relationship with the non-moving parent. The parent seeking to relocate must show that the move is being made in good faith and not simply to limit the other parent’s access. Judges also consider how well the child is adjusted to their current community, school, and support systems. If the relocation would disrupt a child’s stability and sever ties with the other parent, the court may deny the request.
What Should a Parent Do Before Relocating?
If you are thinking about moving, start by reviewing your custody order. Many custody agreements include provisions that restrict moves outside a certain area or require advance notice. Even if there is no restriction, it is wise to talk to the other parent as soon as possible. Open communication can sometimes lead to an agreement that avoids the stress and expense of going to court.
If the other parent does not agree, you will need to file a relocation petition with the court. This petition should include clear reasons for the move and a detailed plan for how visitation and communication will continue. Be prepared to provide evidence that the move will benefit your child and not just you.
What Happens if a Parent Moves Without Permission?
Relocating with a child without consent or a court order can have serious legal consequences. A parent who violates a custody order risks losing primary custody and may face contempt of court or other penalties. Courts generally take a very dim view of parents who try to bypass the system, as unauthorized moves can severely damage the child’s relationship with the other parent. If you are the non-moving parent and your former spouse takes your child out of state without your consent, you have the right to ask the court to enforce the custody order and have the child returned.
How Will Relocation Affect Custody and Visitation?
If the court approves the move, the existing custody and visitation arrangement will usually need to be modified. The court will work to create a new plan that maintains a meaningful relationship between the child and the non-moving parent. This might mean longer visits during school breaks or holidays and more frequent virtual contact. Judges also consider the cost and logistics of travel. Often, the parent who moves is expected to shoulder more of the travel expenses to ensure that the other parent can continue to have time with the child.
Can Relocation Requests Be Denied?
A court may deny a relocation request if it finds that the move would not serve the child’s best interests. If the proposed move would significantly damage the child’s relationship with the other parent and no reasonable visitation plan can make up for that loss, a judge may refuse to allow the move. Requests made in bad faith, such as to get back at the other parent or avoid complying with a custody arrangement, are almost always rejected. Courts expect both parents to work together to support their child’s relationship with the other parent whenever possible.
Our Mount Laurel Divorce Lawyers at Burnham DouglassUnderstand Your Legal Rights When It Comes to Divorce Matters
If you find yourself in this situation, talking with a family law lawyer can help you navigate the process and avoid costly mistakes. If you need help with a relocation request or any other custody matter, our Mount Laurel divorce lawyers at Burnham Douglass are here to guide you through every step. For a free consultation, call today at 856-751-5505 or contact us online. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in the surrounding areas.