Relocating with a Child After a Divorce

When you have children and you then decide to get a divorce from your spouse, the divorce process is much more complicated. This is because you now need to work out who is going to care for the kids and how the children should be spending their time. This is often contentious as both parents want to make sure they have time with their children and are able to build strong relationships.  It can become an especially big issue if either parent wants to relocate to a different area, as this can complicate visitation significantly.

What Happens if a Parent Wants to Relocate with a Child After a Divorce
When parents are negotiating a custody agreement during a divorce process and either parent wants to relocate, this issue is going to have to be decided. The question of whether a divorced parent can relocate with a child may also come up when there is already a custody order in place but either parent needs to be move for some reason.

When one of the parents wants to relocate, the parents should talk about the issue together and try to make a decision together.  If both parents agree, then the parent can relocate with the child according to the agreement they reach.  The parenting agreement that you reach at the time of a divorce can become the official custody order. If you already have a custody order in place and need to modify it so that either parent can move with the child, the process will involve submitting a request to the court. As long as both parents are in agreement, the court will generally sign off on the modification to the custody order that allows the move.

If the parents are not in agreement about relocation, this becomes complicated.  Parents can try to work out some way to make the relocation work for their family. For example, a child could visit frequently or could have telephone visitation every day with the other parent.  However, if they cannot come to a consensus and one parent still wants to relocate with the child, the issue is going to end up in family court and a judge will have to make a decision.

When a judge decides whether to allow a parent to relocate with a child or not, the judge is going to consider the best interests of the child. The judge will want to ensure that the decision that is made allows the child to have the most stable and supportive family structure. There are a number of different factors a judge considers in deciding whether to enter a relocation order, including the impact the relocation will have on the child's relationship with the other parent and with extended family.

It is important for parents to have a divorce lawyer representing them when they are coming to a decision about child relocation, as they will need to make the most compelling argument possible to try to convince the judge to side with them on whether to allow the relocation or not.