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You may get approval to move with kids after a divorce

by | Oct 16, 2017 | family law

After a divorce, you may wish to relocate with your children. It may be difficult to do that, depending on your specific case. While society is becoming more mobile, it can be hard to convince a judge to allow you to move across the country or out of the country, because it would affect the other parent’s relationship with the children significantly.

Nevertheless, relocation may be necessary in some cases, like if you have been accepted to a major university or have a significant job offer. You’re not alone in your desire to move; it’s been estimated that between 17 and 25 percent of all custodial parents leave the area where they were married within two years of a divorce.

Before you can move with your children, you’ll need to notify the other parent. In some cases, he or she may agree to the move as long as you find a way to have visitation, like through video calls and visits on vacations or during summer breaks. In other cases, the parent may not want you to take your children to a new location. If he or she files an objection, it may take longer for you to do what you want; in some cases, you may find you can’t move at all.

To win in court, you’ll need to show that the move is in the best interests of your children. For instance, if moving and relocating will boost your income to two or three times your current income, that would be a significant reason to move and would likely improve your children’s lives. Our website has more on how to appeal to the court to let you move when you have physical custody of your children.