Relocation and Custody: Legal Considerations When Moving with a Child

Divorce is never easy, and it’s especially hard when there are minor children involved.

Reaching an agreement on custody is among the most fraught aspects of family law, and when one parent wants to relocate with their children, the situation becomes even more fraught. If you are a custodial parent and you want to relocate with your children — especially across state lines — you should prepare for an intense legal journey. Below, you’ll find a brief general overview, but keep in mind that every situation is different, and your best course of action is to seek legal guidance as soon as possible.

The first step that a parent planning to relocate should take would be to carefully review your existing custody agreement. A custody agreement that has been crafted by an experienced divorce attorney and approved by the courts will likely include clauses specific to the conditions that must be met for relocation to be considered. If your plans fall within the parameters that have been spelled out, then your process will be straightforward. However, in most cases, the custodial parent will need to obtain consent from the other parent, the court, or both.

Once you understand what’s required, your next step will be to provide formal notification to the other parent. Even if you are on good terms with your ex and speak with them regularly, you need to send them a letter, at least 30-60 days before the move, notifying them of your new address and the reason for the relocation. The document should include a proposed revised visitation schedule. Failure to notify the other parent can have serious legal repercussions and will reflect poorly on you in a hearing.

If your ex objects to your relocation with the children, you may need to escalate the matter to the court. Petitioning the court for approval requires showing that your decision to move with the children is in their best interest and should factor in the child’s relationship with both parents, the reason for the move, educational opportunities in the new location, and other potential impacts of both staying (if negative) and leaving (if positive) for the child. You are strongly encouraged to have legal representation for this critical step and be prepared to provide proof of the move’s benefits. Remember that the non-custodial parent has rights, too, and the impact of the move on visitation and maintaining a relationship with the child will be taken into serious consideration by the court.

If your relocation with the children is approved, you will need to craft a revised custody agreement that includes new visitation schedules. If you are moving far away, this may involve extended holiday visits to make up for lost time. Consideration may need to be provided if the new arrangement represents a financial burden for the other parent.

Moving your children is always fraught, and in a divorce situation, it can become cause for significant animosity. Consider your decision carefully and seek legal help from experienced professionals.