Can you move with your child after your divorce?

After a divorce, you may find yourself wanting to move in order to start fresh, be closer to family or pursue a new job opportunity. As a parent, however, you cannot simply up and move. If your relocation will affect your custody arrangement, you may need permission from your child’s other parent or the court.

Having an understanding of the steps you must take in order to relocate with your children after a divorce may help avoid unnecessary disputes and legal issues that may affect your custody going forward.

Providing notice

According to state law, if you intend to relocate your child from his or her primary residence for 90 days or more, you must provide notice to anyone else with visitation or custody rights. Included in this notice, you must give the date you intend to move, a statement of the reasons you wish to move, a proposed altered custody or visitation schedule, and your new address and phone number.

Reaching an agreement

You may obtain permission to relocate with your child after a divorce if you can create a modified arrangement with your child’s other parent. The court may approve revised parenting plans and proposed moves in cases when both parents agree to altered terms and visitation schedules.

Getting court approval

If within 30 days of receiving notice of your intended move your child’s other parent objects, he or she may choose to file a response with the court. In such cases, you must prove that your move would be in your child’s best interest and you have made your request in good faith. The court may then consider various factors in order to determine whether to allow your relocation.

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