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:

  1. Your ex’s written consent, or

  2. Court approval showing it’s in the best interest of your child.


Get more info with The Divorce Guide


Looking for more guidance and/or got more questions? Find the support you need with out Expert Guide!

To all questions

Previous
Previous

What happens if my ex-spouse doesn’t pay child support?

Next
Next

If we have joint custody does that mean my ex doesn't have to pay child support?