Moving Out of State with Kids After Divorce

After a divorce, you may want to get a new start in a different town or even a different state. Moving to a new home and starting a new job can help put your prior relationship in the past. However, child custody laws in your state may dictate whether or not the minor children will also be able to move to the new location or not.

It’s important to know if your state requires you to move a certain distance away before the child custody relocation laws are triggered. For example, some states may have a 100-mile rule in place. In other states and counties, any move, even if it is in the same city or county, triggers relocation laws.

It is best to know this information before you put the for sale sign up in your yard or sign a new lease on a new residence. For more specific information about your state’s child custody relocation laws, visitation, parenting time, parenting schedules, and legal custody, contact an experienced family law attorney.

Common Reasons Parents Relocate After Divorce

Picking up and moving can involve difficult decisions. There are plenty of reasons why you may want to move to another state after an ugly divorce. Common reasons for relocation include:

• Moving to be closer to extended family
• Financial situation, such as a decrease in household income after divorce
• Starting a new job
• Relatives can help with childcare
• A new town may be better for raising your child
• Escaping domestic violence

When you share legal custody or physical custody with the child’s other parent, the child custody parenting plan may limit your options for moving the minor children away. Before deciding to move, make sure you understand your legal custody rights and obligations under state family law.

Child Custody Plan After Divorce

As part of the divorce process, a child custody plan will provide for parenting time, visitation rights, legal custody schedule, and indicate which parent is the custodial parent. You should have an understanding of the different types of child custody and how it could affect relocating with minor children.

A child custody arrangement should consider the best interests of the children as the top priority. Family law courts tend to prefer maintaining a balanced relationship with both parents. The parenting plan is based on several factors, including:

• The children’s current living situation and legal residence
• The parent’s ability to care for the children
• The child’s relationship with each parent
• The stability of the home environment
• What the child wants
• School, community, and cultural considerations
• The physical distance between parents

Moving out of state after you have an established parenting agreement will likely disrupt the existing schedule. In most cases, you will have to modify the child custody plan if you are going to move. Even a temporary relocation may require approval from the court or notifying and getting permission from the other parent. If your ex objects, it could complicate custody issues. An experienced attorney can help you explore your options and protect your parental rights.

Sole Custody or No Visitation Schedule

If you have sole custody or physical custody, often referred to as primary custody, you may be able to move without permission or agreement from the noncustodial parent. However, the other parent may file a motion to prevent the minor children from moving.

A family court judge cannot prevent an adult from moving, but if the family court has jurisdiction over the minor children, the family court judge can order the children not to be moved. In custody proceedings, the court may decide moving away would not be in the children’s best interests.

If you do not have a final parenting schedule or custody agreement in place yet because the divorce decree is not finalized, consult with your divorce lawyer before making any moves as even temporary parenting plans or custody orders can affect your ability to move with the minor children.

Joint Custody and Shared Parenting Schedules

When parents share joint custody it may be harder to move and most states will require the non-moving parent to agree to the move or a hearing to be held for the family court to decide if the move is in the child’s best interest. Both parents have equal decision-making ability in a joint custody arrangement and thus both parents must either agree to the relocation or go through the legal process to file to modify the custody or parenting schedule orders with the family court.

Moving Your Children to Another State

Each state has its own statutes and laws concerning when a parent can move a child out of state. Those laws provide guidelines to judges who are deciding whether a child can move with the custodial parent or noncustodial parent and under what circumstances.

The court may balance one parent’s freedom to move with the child’s relationship with the other parent as well as the co-parenting relationship between the parents. However, the court will generally prioritize the best interests of the child and consider the child’s relationship with both parents. Generally, the burden of showing that the move is in the child’s best interest will be on the parent seeking to move.

The court may also consider the practical effects of moving on the parent-child relationship to minimize any negative impacts on the children and parents. The court may also consider how often visits will take place, at whose expense, and any other plans for regular communication between the children and the parent. If the parenting plan is not affected, there should be no issue with moving.

For example, if are you simply moving to a new residence in the same town but are not seeking to change the child’s school or the co-parent’s parenting schedule, there should be no reason the move would not be approved. However, sometimes even a move a short distance away could result in changes in parenting schedules and could affect whether or not the children will be permitted to make the move.

Long-distance moves generally require more accommodations, such as more extensive travel, sharing of travel costs, and major changes in the parenting time schedules. The court may also need to evaluate any special considerations. If the parent or the children need special medical care or education, or if the move is for temporary health care for a disability, then the court may be more willing to allow the children to move.

Moving Without Permission

Parents may get frustrated with the family court system or the other parent refusing to let them move to another state. However, taking matters into your own hands is a bad idea. Even if you feel justified in moving to another state and taking your children with you, the court will generally have a different idea. Family courts take violating child custody orders or other family court orders seriously.

Moving to another state in violation of court orders could result in criminal charges, including parental kidnapping. Criminal charges or civil contempt from failure to follow court orders could result in jail time for the offending parents. Consult with your child custody attorney before moving or if your co-parent is considering a move and wants to take the children with them so you know all the laws and what your options moving forward will be.

As rules and laws vary from state to state, and sometimes even county to county, it is best to consult with an experienced child custody attorney before plans are made to relocate with your children.

Child Custody Plans

When parents have court-ordered custody plans, their child custody plan will provide for parenting time schedules, also known as timesharing or visitation and legal custody. A child custody arrangement will consider the best interests of the children as the top priority. Family law courts tend to prefer maintaining a balanced relationship with both parents. The parenting time plan is based on several factors, including:

• The children’s current living situation and legal residence
• The parent’s ability to care for the children
• The child’s relationship with each parent
• The stability of the home environment
• What the child wants, though many states do NOT let a child decide until they are 18 years old but the child may be able to voice their opinion for the judge to consider
• School, community, and cultural considerations
• The physical distance between parents

When both parents are nearby parents may have close to 50/50 time with their children as it is easier to work such schedules, especially when their child is school-age or involved in a bunch of activities. The courts take into consideration work schedules, as well as the child’s schedules with school and extra-curricular activities, and if both parents can get their child where they need to be on time.

When parents live further apart, parenting time may be more rigid and one parent has less or more time, such as the children spending summer breaks and alternating holidays with the other parent.

Does Your Ex Want to Move Out-of-State?

If your ex is the custodial parent and wants to move to another state after you file for divorce, as the noncustodial parent, you may have a say in whether your child can move away or not. Carefully consider your options so you can maintain a strong relationship with your child.

If the other parent wants to move in violation of the visitation agreement, you can petition the court to stop the move. If you are concerned about a sudden, last-minute plan to move, you can seek immediate injunctive relief from the court, including temporary custody. Talk to your family law attorney first.