Can I relocate with my children after divorce?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
Whether you can relocate with your children after divorce depends on several factors, primarily your custody arrangement and the laws in your state. Here’s what you need to know:
Custody Agreement Matters
If you have sole physical custody, you generally have more flexibility, but you still need to follow legal steps.
If you share joint physical custody, you typically need permission from your ex or the court to move a significant distance.
Notice Requirement
Most states require you to notify your ex-spouse (usually 30–60 days before the move).
The notification must include details about the move: new address, reason for relocation, and proposed changes to the custody schedule.
Consent or Court Approval
If your ex agrees to the move, you can modify the custody agreement accordingly.
If your ex disagrees, you will likely need to go to court for approval.
In court, the judge considers the best interests of the child, including:
Stability and quality of life in the new location
Educational and social opportunities
Impact on the relationship with the non-relocating parent
Best Interests of the Child Standard
Courts will weigh factors like:
Child’s age and needs
Distance of the move
Reasons for the move (e.g., job, family support, better schools)
Parental involvement and existing relationship
Potential Outcomes
Approval of the move: Custody arrangements are adjusted, like longer summer vacations or holidays with the non-relocating parent.
Denial of the move: You may have to choose between moving alone or staying put with your child.
Example Scenario:
If you have joint physical custody and want to move 200 miles away for a new job, you’ll need either:
Your ex’s written consent, or
Court approval showing it’s in the best interest of your child.
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