Relocating After a Divorce

One of the more difficult cases in family law includes relocation cases in which a divorced parent wants to move away with their child/children. Before moving with your child/children before, during, or after a divorce, you need to be aware of the laws in your state, give your child time to adjust to the situation, and help your child feel at home.

Relocation after divorce may be desirable for a number of reasons including job opportunities, financial needs, or family support networks. Since each situation is different, every relocation case will be evaluated closely by a court to determine the best interest of the child. If the non-custodial parent decides to argue the relocation, the parent moving must be prepared to prove that the child/children will be minimally impacted by moving. If relocating will improve the quality of life for both the child and parent, the court will take this into serious consideration. When relocating with a child, you will most likely receive criticism from the court and/or your loved ones. Family members may think your decision to move is being made out of anger and vengeance.

Since after most divorces the marital home is only inhabited by one spouse, it is important to make your children feel at home at their old home and new home. This is a very emotional situation for everyone involved. Give your child/children time to adjust to their new routine. Very young kids typically adjust quicker since they have less attachments than older children. Although it may be difficult at first, moving to a new home is a step toward moving on from a difficult situation.

The importance of knowing the laws in your state before deciding to relocate cannot be stressed enough. You also need to completely understand your custody agreement since there could be a rule that could affect your plans to move. Either way, you don’t want to end up facing jail time. If you have questions about relocating after a divorce, call today to speak to one of our attorneys.