Can you take your child with you when you move after divorce?

On Behalf of | Oct 19, 2021 | child custody | 0 comments

When you need to move after a divorce, one of the questions you may have is if you’ll be able to move with your child. In some cases, you may be able to, but not all.

When considering relocating with your child, you need to ask yourself first if it’s in the best interests of your child to move somewhere new. Then, you have to consider the support system you’ll have in the new location and if the move is really for the betterment of your and your child’s lives.

Relocating after divorce: Discussing it with the other parent

When you need to relocate, the first thing to do is to talk to the other parent. They may agree that the move would be in your child’s best interests. For example, if they see your child on the weekends and would still be able to after the move, then they may agree that moving to a different city or area a bit further away is acceptable. They may agree if they see that the school system is better or that there will be better family support.

On the other hand, if the move is far away and would mean that the noncustodial parent wouldn’t see their child regularly, they may argue that it isn’t fair and that your child would be better off where they are. Similarly, if your child is going to a good school and has established relationships in the area, it may be unfair to ask to move them somewhere new.

Going to court to seek support for the relocation

If you need to relocate for work or other purposes, then it makes sense to go to court if you and the other parent can’t agree on the terms of your move. You should not move with your child without getting the approval of the court. If you do, then you may find that you are in trouble with the court and could hurt your ability to maintain custody of your child in the future. Always seek a modification or look into the legal options you have prior to moving with your child.

FindLaw Network