Can I Relocate My Kids Out Of State During Divorce Proceedings?

Divorce is often an overwhelming and emotionally challenging time, especially when children are involved. When considering a potential relocation out of state during divorce proceedings, be sure to seek legal guidance to understand your rights and responsibilities.

Such a complex situation requires careful assessment of various factors, such as the best interest of the children, existing custody arrangements, and any applicable state laws. To ensure you make informed decisions and safeguard the well-being of your children, you will want to hire a knowledgeable family law attorney who can guide you through the process. Contact an attorney near you to discuss your specific circumstances and receive personalized legal advice.

The Legal Implications of Relocation During Divorce

Relocation can become a highly contested issue during divorce proceedings, especially when one parent wants to move out of state before child custody is finalized. Relocation typically refers to a move that impacts current or future custody and visitation arrangements. Courts are generally cautious about allowing relocations during active divorce or custody litigation. Even temporary or urgent relocations can have legal consequences if done without court approval.

Do You Need Court Permission to Relocate?

In most cases, the answer is yes, especially if a custody order is pending or if the move will disrupt the other parent’s ability to see the children. Moving without permission from the court can result in serious consequences, such as being held in contempt of court, damaging your custody claims, or even being ordered to return the child to the original jurisdiction.

However, it’s important to note that some courts may grant emergency relocation in rare situations, such as cases involving domestic violence or job loss, but only when proper legal procedures are followed. It is always best to seek guidance from a family law attorney before considering any relocation plans.

Factors Courts Consider When Evaluating a Relocation Request

When evaluating a relocation request, courts consider various factors to determine what is in the best interests of the child. These factors may include:

• Whether the move is in the best interests of the child: Courts prioritize the child’s well-being and assess whether the move will positively impact their overall quality of life.
• The motivation for the move: The reasons behind the relocation, such as employment opportunities, family support, or education, play a role in the court’s decision-making process.
• Impact on the child’s relationship with the non-moving parent: Courts consider the potential impact the move may have on the child’s relationship with the other parent and the ability to maintain meaningful contact.
• Improvement in the child’s quality of life: If the move will provide the child with a better standard of living or access to better educational or healthcare opportunities, it may be viewed favorably by the court.
• Each parent’s ability to facilitate ongoing contact: The court assesses the willingness and ability of both parents to facilitate ongoing contact and maintain a healthy co-parenting relationship despite the distance.
• The effect of the move on the parenting time schedule: The court considers how the move will affect the existing parenting time schedule and whether modifications can be made to accommodate the non-moving parent’s access to the child.
• The timing of the move in relation to divorce proceedings: Courts may consider the timing of the proposed relocation in regard to the ongoing divorce proceedings and custody determinations.

Can You Relocate Temporarily With the Kids?

Taking children out of state temporarily during a divorce can be risky and may have legal implications. Courts may view temporary moves as disruptive or even as an attempt to gain leverage in a custody case. You will want to consult with a seasoned family law attorney and obtain court approval when necessary, even for short-term relocations, to avoid potential negative consequences.

How to Legally Request Permission to Relocate

If you are considering relocating with your children during divorce proceedings, talk to your divorce or custody attorney about filing a motion to relocate or a similar request with the court. To support your request, gather evidence such as job offer letters, school information, housing details, and information about your support network in the new location.

Additionally, be prepared to present a modified parenting plan that accommodates the other parent’s access to the child. This may include proposing more extended summer visits, virtual visitation, or other arrangements that ensure the non-moving parent’s involvement in the child’s life. You will need to demonstrate to the court that you are not trying to cut the other parent out of the child’s life but rather seeking to act in the child’s best interests.

What Happens If the Other Parent Objects?

The other parent has the right to challenge the relocation in court if they believes it is not in the child’s best interests. If the other parent objects, a judge may schedule a hearing to evaluate both sides and determine what arrangement serves the child’s best interests. It is important to avoid making unilateral decisions that can harm your credibility in court. Consulting with a custody lawyer can help you handle objections from the other parent and present a compelling case to protect your rights and the well-being of your child.

Why You Need a Family Law Attorney for Relocation Issues

Relocation disputes during divorce proceedings can be some of the most complex custody matters. It’s in the best interest of you and your children to have the guidance of an experienced family law lawyer who can help you understand the legal considerations, navigate the court process, and present a compelling case in support of your relocation request. Your family law lawyer will ensure you do not miss any critical steps, avoid missteps that can negatively affect your custody rights, and provide personalized legal advice tailored to your specific circumstances.

Questions about Relocation with Kids During a Divorce? Contact a Family Lawyer Today

Relocating with your children out of state during divorce proceedings requires careful consideration of various legal factors. Courts prioritize stability and the best interests of the child when evaluating a relocation request.

If you’re considering a move or have questions about parental rights during divorce, speak to a skilled family law attorney before making any decisions. Schedule a legal consultation to ensure you have the guidance and support you need throughout this challenging process. Seeking legal advice empowers you to make informed decisions and protect your rights and the well-being of your children. Call (301) 698-4875 today!