If you are divorced or separated from your child’s other parent, you know that the distance between you and your ex can impact custody, particularly if you have joint custody. Your child custody agreement may specify that both parents must stay in the same area to make things easier. Generally, when the parents are nearby, it is much easier for a child to go back and forth between houses.
However, as time goes by, a parent may choose to relocate to a different city or state. If a custodial parent wants to relocate and the other parent is fighting against the move, the parent who wants to relocate will typically have to come up with a new custody and visitation schedule and file for a modification of the custody order.
Will I be allowed to relocate?
Once you have filed for a modification of your custody order based on relocation, the court will consider whether there are valid economic and personal reasons that require you to move. These valid reasons may include:
- New job
- Remarriage
- Better cost of living in new area
- Better living environment
- Moving to be near family
The parent who wants to relocate will typically have to come up with a new custody and visitation schedule and file for a modification of the custody order. Generally, the court will only grant the request if the relocation would benefit the child and fits the child’s best interests. The parent who is moving may also be responsible for part or all of visitation travel costs caused by the relocation.
The court will also consider whether the parent is seeking relocation, or the opposing spouse is acting in bad faith. In other words, the court will not grant relocation just because one spouse wants to get back at the other spouse.
If you are considering relocating with your child, a divorce and family law attorney can advise you on whether your request is likely to be granted and help you present your case to the judge.
