Relocation (or "move-away") cases are some of the most challenging types of family law disputes after a divorce. Parents, like all adults, have the right to move wherever they want. But when a custodial parent plans to move with a child out of state or to another city, the relocation can make it difficult for the other parent to have regular visitation. And most states recognize that it's usually best for kids to have frequent, meaningful contact with both of their parents.
When Do Parents Have to Give Notice or Get Permission Before Relocating?
Under the laws in some states, parents who want to move with their children must get permission from the court or the other parent. Other states simply require giving advance notice. Then the other parent may file an objection with the court to try to stop the move. The laws usually spell out which relocations give rise to those requirements, such as moves to another state or a certain distance away from where the child has been living.
Even in states where the laws don’t specifically include those restrictions, judges may include similar requirements in divorcing parents’ custody orders. Or when the parents have agreed about their custody arrangements rather than having a judge decide for them, their agreements might spell out how they’ll deal with any future relocations.
Also, when you’re still in the process of getting a divorce, you might not be allowed to take your child out of state (even temporarily) without permission. After someone files for divorce, the court will often issue “temporary restraining orders” that bar either parent from taking their child out of state unless they get the other parent’s written consent or a court order. In some states, these orders are an automatic part of all divorces; in other states, one of the spouses will need to request them.
To learn what you need to do before you move with your child, be sure to check your custody agreement or order (or all of your court paperwork if your divorce isn’t final yet). And if you don’t see anything there about relocations, you can check your state’s child custody laws.
You could face serious consequences if your custody orders or state laws require advance permission before relocating with your child or taking your child out of state, but you do that without the necessary approval. Your co-parent could file a motion to have you found in contempt of court, which could result in fines, jail time, or both.
Can Parents Agree on a Relocation and Avoid Court?
As with all other issues related to child custody and divorce, parents may agree about whether one of them will relocate with the child and, if so, how that will affect the schedule for parenting time (visitation).
For instance, if the noncustodial parent has had regular time with the children on weekends but that’s no longer feasible after the custodial parent’s long-distance move, you might agree that the kids will spend extended time with the noncustodial parent during the summer and other school breaks. The agreement may also spell out how you’ll handle the increased transportation costs connected with the visitation.
Once you’ve reached an agreement, put all the details in writing, have both parents sign the document, and submit the agreement to the court so that it can become part of an official court order. Judges will typically approve parents’ agreements as long as they appear to be in the children’s best interests.
How Do Judges Make Decisions in Relocation Disputes?
If you and your co-parent can’t agree about a planned move, a judge will have to decide whether to allow the custodial parent to relocate the child’s residence. If your state’s laws don’t require advance permission for a move, the judge’s decision may be in response to the noncustodial parent’s formal objection to the move or request to modify child custody in light of the planned relocation.
The rules for deciding move-away cases vary from state to state. The laws in some states require judges to consider a number of specific factors before they decide what’s best for the child. Those factors may include issues such as:
- the potential impact of the move on the child’s relationship with the noncustodial parent, extended family members, and other important people in the child’s life
- the strength of the child’s ties to school and community in the current location and any potential harm from disrupting those connections
- educational and other opportunities for the child in both the current and new locations, including access to extended family
- the quality of life and resources available for the child and the custodial parent in both locations, and
- the child’s wishes (if the child is mature enough to express a reasonable preference).
Depending on the state, the custodial parent may or may not need to have a good reason for the planned relocation. But if there’s evidence that the custodial parent is moving in order to limit the other parent’s relationship with the child, the judge will generally take that into account when deciding whether to allow the move or change custody.
Before making a decision, the judge might order a custody evaluation to get an outside professional’s take on the specific circumstances in your case.
When Do You Need a Lawyer’s Help With a Relocation Case?
If you and your co-parent disagree about a planned relocation, custody mediation might help you resolve your dispute without the expense and stress of a court battle. If mediation leads to an agreement, it’s a good idea to have a lawyer at least review the agreement to make sure that your rights are fully protected.
But if mediation doesn’t work (or one of you won’t cooperate), you should definitely consider speaking with a lawyer. Relocation cases are very complicated, and the outcome can have serious consequences for both parents and children. An experienced family law attorney can help gather and present the kind of evidence you’ll need to convince a judge that what you’re seeking is best for your child.