Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Can I move with my child after a divorce?

On Behalf of | May 10, 2021 | divorce | 0 comments

Not everyone wants to live in the same place their whole life. Yet when you share a child with someone you are no longer married to, it can limit your ability to move.

Child custody arrangements can take time to work out during your divorce. If you then decide to move away with your child, the other parent may not thrilled.

A court will look at all factors when considering a request to move with a child

If you wish to relocate far, you need the court’s permission. Even if the other parent agrees, you still need court approval. Here are some of the factors a judge will look at if you wish to relocate with your child:

  • Where you want to move: Moving out of state or overseas is very different from moving to the next town.
  • How will a move affect the other parent’s ability to see the child: The further you go, the harder it will become for the other parent to retain regular contact with the child. While you might feel you have the right to live where you want, the other parent has the right to see their child.
  • Why you want to move: If the move affects the other parent, you need to show a good reason to justify the disruption. A fantastic job offer may be one. Moving closer to your mom and dad so they can help with child care could also be valid. Moving because your current area bores you would be harder to justify.

Remember, the primary rule of child custody is “ is it in the child’s best interest?” Moving far will take them away from their friends and school as well as the other parent. You will need legal help to present your case and prove that the benefits make it worth it.


FindLaw Network
Photo of Kenneth L. Gibson Jr.