What are the relocation requirements for moving after a divorce?

July 26, 2021

Divorce, Firm News

If you plan to relocate with your children after a divorce, you need to start the process of planning for that relocation from the very beginning. You’ll want to find ways to prove that the move is in your children’s best interests and that you are moving because they’ll have more opportunities or support in the new home.

It’s not uncommon for a parent to need to move following a divorce, but relocating could mean that they’ll be several states or just an hour or two away. If you’re the parent who wants to have custody of your children most of the time and plan to move, you will need to convince a judge that this is in your children’s best interests. You should be able to show that:

  • Moving will benefit your children in some way, such as by allowing them to go to a better school or because of being closer to family members who they are close to
  • Your move is essential and that you are not moving to spite the other parent or restrict their visitation time
  • You have worked out a way to give fair custody and visitation time to the other parent, such as setting up digital visitation or setting aside time for regular visits to the other parent’s home

Relocating raises significant visitation and custody issues. If the other parent argues that moving is not in your children’s best interests, then you will likely end up in court arguing against each other. It’s better if you both can agree that the move is in the best interests of your children or to come up with an arrangement that would be the most beneficial, such as having the noncustodial parent move closer to the other parent’s new job when possible or altering your custody schedule in a way that provides regular visits every few weeks when the distance is an issue.

In the end, if the move is beneficial for your children, it will show through in your paperwork and explanation of the move. Be sure to provide as much evidence as possible to show that you are putting your children first by making this move.