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Your divorce has been finalized. It’s all said and done as life goes on. Then, you decide you want to move closer to your family or get a promotion that requires you to relocate. The first question on your mind is often: what do I do if I need to relocate with my children after a divorce? Regarding child custody issues such as moving, it’s often best to consult with a child custody lawyer to determine what steps you need to take based on your current custody arrangement through the courts.
When kids are involved after a divorce, there’s still a lot of interaction that will happen between you, and you’re ex. You typically won’t be raising your children in a vacuum where your ex has no say in what happens. That means that you likely won’t be able to just up and relocate with your children without some agreement between you and your ex. Issues with custody often require you to speak with a divorce lawyer to find out what your rights are when it comes to moving. Usually, the courts are all about determining what’s in the child’s best interests, and if your move qualifies, it’s possible that they will side with you. However, it’s essential to take steps by getting permission from the other parent or the courts before moving. These scenarios are not an instance where it’s easier to ask for forgiveness than permission.
Your divorce attorney will more than likely urge you to work with your ex to come to an agreement before you file a formal petition with the courts to change the custody arrangement. You cannot always count on the courts to reach a decision that both parties are happy with, so seeking out an agreement beforehand is recommended. The courts are more likely to grant your relocation request if you have the other parent’s blessing to do so and have worked out the arrangements of when each parent will be able to see the child, child support, and any other issues that may need to be determined due to a move. However, there are some circumstances where it’s not possible to come to an agreement, and a custodial parent wanting to move will need to have the courts grant their petition to relocate with their children.
Since you cannot just up and move with your children after a divorce, it’s necessary to have your relocation formalized with the courts. You’ll need to begin this process at least 30 days before you are set to relocate. Having an attorney familiar with family law can help you file a petition whether or not you have reached an agreement with your ex. After the petition is filed, the non-custodial parent can either agree with your petition for being able to relocate, or they can contest it. The parenting plan that was put into place after the divorce that goes over visitation, child support, and other factors will need to be updated if the petition is approved.
When it comes down to a situation where the non-custodial parent contests your petition to relocate, there are several factors that the court will keep in mind when making a determination on whether to grant your petition or deny it. The key is that they are looking for whatever decision will be in the child’s best interests. They will consider information such as the age of your children, the relationship they have with both parents, information regarding the parents when it comes to their age, mental capacity, and health, along with how the parents work with each other to help them maintain relationship bonds with the child. For instance, they will look at factors like if the custodial parent ensures that the visitation parenting plan is followed, or they may consider how often the non-custodial parent cancels their visitation. The courts want to ensure that a move won’t harm the child’s physical and mental health.
In addition to the above factors, the courts will also consider the reason behind the relocation. For example, if the courts believe that the custodial parent is looking to relocate because they want to hinder the children’s relationship with the other parent, they could deny the petition to relocate.
A divorce lawyer familiar with family law can help smooth out the process of determining if relocation will be possible. Of course, we want to know that the courts are doing their best to support and help the families that rely on them for custody matters, but sometimes it doesn’t feel that way. When you’re looking to move with your children, you don’t want to ignore going through the petition process and legally getting permission. If you do leave without a court order granting you the right to relocate with your kids, you could potentially lose your parental rights and possibly even be arrested and charged with a crime, such as kidnapping.
