What if you are the custodial parent?
If you are the custodial parent, the court will consider if the move is truly necessary. A necessary or “good faith” move might be based on getting a new or better job, moving closer to family who will help you with childcare, continuing your education or moving to a place with a more affordable cost of living. Courts will also look at the emotional and educational impact that the move will have on the child.
What if you are the non-custodial parent?
Non-custodial parents can challenge a move. However, the court will look at additional things in order to make a decision. These factors include how often the non-custodial parent saw their child or if they had basically become an absent parent in their child’s life.
Other concerns related to relocation with a child after divorce
The court will also consider a variety of other factors when making the decision regarding the relocation. These include:
- How far the parent will be relocating with the child
- If the relocation is truly in the best interest of the child
- If the non-custodial parent has given consent
- If there was a clause addressing relocation in the original divorce and child custody order
Additionally, when relocating, there might be modifications as to who will pay for the additional costs for visitation. In some states, the costs are split; in others, the relocating parent will be expected to pay.
Each state has different rules and regulations for relocating with a child after a divorce. Since following the correct procedure is important, you might choose to speak with a family law lawyer to guide you during the process.
