Moving with Your Kids: Divorce and Child Custody

Posted by Divorce Network, March 2010

 

After your divorce, the urge to relocate and start fresh may be very appealing, but when children are involved you can’t make this decision based solely on your own desires.  Family courts take child custody rights and child visitation very seriously, and even custodial parents have to prove that moving away from their ex is a good idea if the move will affect the parent’s visitation rights.

 

Moving Close to Home vs. Out-of-State

If you are moving across town or within an hour or two of your current residence, a change in child visitation arrangements isn’t usually needed and the courts won’t have a problem with the move. However, if you are considering moving out-of-state you may need to return to court and have changes made to your child custody and visitation arrangements in order to allow the non-custodial parent a more flexible visitation plan, particularly if a typical every-other-weekend arrangement will no longer work.  Keep in mind this new arrangement might mean that you will have to give up more holidays and summer breaks with your children, not to mention that the non-custodial parent will be most likely allowed to take his/her visitation in larger chunks to make up for lost weekends.

To help ease the pain of having to go back to court and rehash your child custody and visitation agreement, you may want to discuss the move with your ex first.  If he/she agrees to the move, the courts will be more prone to work with you to arrange a new visitation schedule, keeping in mind if more expenses are involved. It is important to note that the person moving away typically bears the extra cost of the visits. 

You may have an ex who opposes your move because he or she feels it will interfere with their relationship with their child.  If this is the case for you, the court will need to decide the issue based on the best interests of the child.  The judge will generally consider:

• The existing child custody and visitation arrangements

• The strength of the relationship between the child and both parents as  well as other relatives in the area

• The child’s ties to the community, such as school, church, synagogue and friends

• The advantages, both socially and economically, of the potential move

• The child’s wishes, if they are old enough

Notice of Intention to Relocate

In most states you will have to file a “Notice of Intention to Relocate,” then wait for your ex to respond.  If he or she files a protest, you will be obligated to prove that the move is for the best.  Keep in mind when you do this that you will want to prove that the move is in the best interest of the child and not you.  Moving for a lucrative job not available locally or moving closer to your child’s grandparents may work in your favor; however, moving to follow a lover or because you like the mountains will not work in your favor.

If you still want to move out of state or far away, be sure that you go into court with the advantages of your move carefully outlined and offer a generous alternative child visitation plan.  If you show you are willing to nurture and maintain the parent-child relationship for your ex, you may have a better chance of being permitted to relocate.