After your divorce, you may consider moving to another state. Maybe you have family there or your job offered you a nice relocation package. No matter the reason behind your decision to relocate, you have many things to consider.

Can you and your child relocate?

If you are a parent, it may be difficult to move. The custodial parent has legal custody of the child. This means that the non-custodial parent has no legal right to relocate the child.

On the other hand, the custodial parent may be able to move, with their child.

In a situation where both parents have equal custody of the child, one parent cannot relocate the child without the other parent’s consent.

Post-divorce modifications

If the non-custodial parent does not want the child to move, they may take the custodial parent to court. This kind of dispute will be settled based on the best interest.

There are a number of issues that can arise when planning to relocate. Here are a few potential problems:

  • The court may deem that moving away goes against the child’s best interest
  • The courts must find that you have a good-faith reason for relocation
  • The transition may be difficult for your child

Post-divorce modifications-including relocation-may be difficult to handle. Whether your ex-spouse is disregarding the terms of your divorce or your divorce agreement did not include a relocation agreement, you may need to seek a modification.

Remember the importance of your child’s safety and happiness when considering relocation. Talking your child through the process may help them adjust to a new home, school and way of life. Open communication between you and your child may benefit your relationship and help your child feel secure.