Moving out of state after your divorce may rank high on your to-do list. However, if you have children and share custody with your former spouse, the prospect may prove challenging.
Parents cannot remove children from the state without the other’s consent or court order. The state has a process to follow when it comes to getting a relocation or removal order. Discover what the court considers when deciding to grant your relocation request.
What benefit does the move provide?
A court wants to know why you wish to leave the state, especially if the other parent decides to remain behind. Since there is a fear that some parents will move to take the children away from the other, you need to have a reasonable reason you want to leave. One of the most common reasons a parent may wish to relocate may involve a job promotion or better professional opportunities. Since this may prove beneficial to the children, the court may consider it. Another reason you may want to move is to get closer to a support system that can help you with the children.
What is the relationship between the other parent and the children?
The court wants to ensure that your children have every opportunity to thrive after divorce. Preserving the relationship between parents and children takes priority. The judge may want to consider the impact relocation will have on the ties between children and the non-locating parent. If they share a strong relationship, the judge may not feel the move is in the children’s best interests. This remains the focus in proceedings.
Relocation is not out of the question; however, you may face a battle unless you can show that it will prove beneficial and not detrimental to the children.