Can I Move Away with My Children After a Divorce?

Move Away

After a divorce, you or your former spouse may decide that it is best to relocate for a variety of reasons. You may need to pursue a new job opportunity, move to be closer to family, or go back to school. Whatever your reasons may be, if you have children, it will complicate matters. If you are on relatively friendly terms with your former spouse, you may be able to work on a new arrangement. However, even if you can successfully resolve this matter together, you will still need the court’s approval to ensure it is in the best interests of the children.

If you cannot reach an agreement, you still have options. You can petition the court to relocate with your children, but you must prove that the move will better serve the children’s well-being and best interests and that it will substantially improve your quality of life.

Relocating with Your Children

Family courts believe stability and consistency are essential to the well-being of children. Therefore, the burden of proof is incredibly heavy in such cases and a moving parent’s motives are heavily scrutinized. A judge will not look favorably on a parent whose move is not in good faith and is designed to harm the children's bond with their other parent.

Below is a list of some factors a judge will review when rendering a decision on such a case:

  • The extent of involvement each parent has in the children’s lives
  • Prior agreements that may exist between the children’s parents
  • The intent of the moving parent and the intent of the opposing parent
  • If disrupting the contact between the children and their custodial parent would negatively impact them more than disrupting their contact with the non-custodial parent
  • The needs and developmental stage of the children
  • How relocating may potentially impact the children’s quality of life and access to resources
  • If it is possible for the other parent to relocate at the same time

It is crucial to hire an experienced attorney to represent you in court and build a strong case on your behalf.

Discuss the Details of Your Relocation Case with an Experienced Family Law Attorney!

If you would like to relocate with your children, the burden of proof will rest heavily on your shoulders to prove that it would be in their best interests. At Moyer Law, PC, our family law team is committed to providing aggressive advocacy and personalized legal guidance. With more than two decades of experience on our side, you can trust your case is in good hands with us.

Reach out to our law office today at (401) 305-2934 to set up a consultation and learn more about your legal options.

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