Relocation after a divorce

On Behalf of | Jun 25, 2020 | Child Custody, Divorce |

Settling a divorce is oftentimes incredibly grueling and challenging for the couple. One of the most difficult aspects of the divorce is having to see who will take have physical custody of the child. As hard as the situation might be, sometimes parents have to go through other hurdles, such as what to do when the parent with custody of the child chooses to relocate out of state.


Typically, when the custodial parent chooses to relocate, it causes additional hardship on the other parent. In many scenarios, a relocation dispute may occur; however, is it advisable for the custodial parent to move? It honestly depends on the case. The court will likely want to preserve the family together and to do this, the custodial parent must ask permission from the judge first.

A relocation hearing will be held, and the court will consider whether to allow it or not. The custodial parent must show that moving is not to punish the other parent, but rather that there is good faith. The custodial parent must also prove that the move will likely improve the child’s life and that he or she plans on keeping the other parent’s visitation rights.

Best interest of the child:

The courts will always consider the fundamental principle of choosing what is in the best interest of the child. In this case, the judge will question the custodial parent whether the move is in the best interest of the child or not and if it is not, then it is unlikely that a judge will allow it.

Ultimately, there are key principles that must be considered before moving out of state and how it will affect the family.