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Can a parent move out of state with their children post-divorce?

On Behalf of | Sep 1, 2021 | Child Custody |

Deciding to get a divorce may often be difficult emotionally and legally. Couples who once shared love for each other may now want to be apart, often for several reasons.

Undergoing and finalizing a divorce when there are children to consider may be even harder. Both spouses may want to spend as much time with their children as they can.

Divorce and child custody may be difficult

Spouses who are going through a divorce may be wondering if they are doing the right thing for their children. They may be fighting each other for custody or visitation.

Several issues may have to be decided on by the couple. Each spouse may be worried that the other spouse may be planning to take as much from the marriage as they can, such as savings, the children, business assets or even the family home.

Can a custodial parent move out of state for a new job?

Once the divorce has been finalized and the children have adjusted to their new routine with their parents, a new change may develop. The custodial parent may receive an out-of-state job offer.

The other spouse may react with anger, fearing that their former spouse is planning to take the children away permanently.

This new change should go before the judge. They will be the ones to decide if the parent and children can move out of the state. Custody arrangements and visitation may be affected.

The judge rules on the best interests of the child.

As the judge weighs all of the new evidence, they keep only one thing in mind. This is the best interests of the child or children. If they decide that child custody relocation benefits the children, they may approve the out-of-state move. With a custody agreement in the record, the judge may find their decision easier to make.


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