Can I Move Out of State with My Child?

A little girl holding a teddy bear and parents in the background arguing while meeting with a mediator or lawyer.

Following a divorce, former spouses and their children often need fresh starts. In some cases, those fresh starts involve moving to a different city or state. Depending on the details of the child custody agreement that the ex-spouses have, and what city or state they are residing in prior to the proposed move, it may be extremely difficult for either one of them to take their kids with them if they move to a new city or state.

Can I Move Out of Rhode Island with My Child?

For divorced parents, taking their kids with them if they move to a new state can be particularly difficult when compared with moving to a new city within the same state. This is because each state has its own laws regarding divorce, child custody, child relocation, and interstate custody, and the laws in some states are more restrictive than others.

In Rhode Island, if you don’t share custody of your children with your ex-spouse, you may be able to move out of state with your kids without much issue. However, even if you have full custody, and your ex doesn’t have visitation rights, if the safety of you and your children isn’t an issue, you should inform you former spouse of your planned move, get their consent, and keep them up to date on your new address and other contact information.

Not informing your ex-spouse, getting their consent, and providing them with your contact information could lead to your former spouse pursuing legal action, including filing a temporary restraining order against you to halt or reverse your move.

If you have full custody of your children, but your ex has visitation rights, you may still be able to move out of state with your kids. However, you must still abide by the visitation schedule even if you move to another state. You also may need the court’s permission and your ex-spouse’s consent before moving away with the children.

If you and your former spouse share custody, it’s going to be very difficult to get them to agree to you moving out of state with your kids. This will likely result in a child custody dispute where you will need to convince the court that the move is in the best interests of your children. How this turns out will often depend on the strength of your case and your child custody lawyer’s knowledge, experience, and ability to argue and prove your case.

Speak with Our Experienced Child Relocation Attorney in Rhode Island About Your Situation Today

In the aftermath of a divorce, people must find a way to put the past behind them and embrace the next chapter of their lives. However, if you’re in the same city or state where you and your ex-spouse built your life together, that can be difficult. It can also be a problem if there are career opportunities elsewhere that could dramatically improve your and your children’s quality of life.

Unfortunately, if you share kids with your ex-spouse, moving away with your children to start your post-divorce life out on the right foot will likely be complicated. In fact, depending on your custody arrangement, it could result in a legal dispute.

At Moyer Law, PC, our experienced child relocation lawyer has been helping clients successfully navigate challenging child custody matters for more than 25 years. Our clients are always our top priority, and from day one, we focus on easing the legal burden on them and helping them reach the most favorable outcome possible for their situation.

For more information about how Moyer Law, PC can help you with your child custody or relocation matter, read our testimonials and check out our case results.

To learn more about child relocation, or to discuss your situation with our experienced child custody attorney in Rhode Island, give us a call at (401) 305-2934 or contact us online today to request a consultation.

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