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How to get the right to relocate with your child after a divorce

On Behalf of | Jun 23, 2022 | Child Custody & Support |

You really think that a move is in your family’s best interests, but you have a problem: You share custody of one or more children with your ex-spouse. If you move, that’s going to interfere with your current custody agreement.

Do you have any hope of getting the court’s permission to relocate with your child? You might, but it all depends on your unique situation.

It may be true that the divorce took a toll on you – emotionally, financially and socially. It may also be true that the move you plan would greatly benefit you personally. Unfortunately, the court doesn’t care about any of that.

When custody decisions are made, the court only considers the best interests of the child – not the child’s parents. Any argument you put before the court as your request permission to relocate has to be carefully framed with that idea in mind.

Keep your focus firmly on how the move would ultimately benefit your child

Moving away from your current location might be in your child’s best interests in numerous ways. For example:

  • You want to move to a location where the schools are better, especially if you have a gifted child or a child with special needs.
  • You have a child with a complicated health condition, like celiac or Crohn’s disease, and you need to be in an area where better medical care is accessible.
  • You want to move to an area where you have extended family who can assist with child care and enrich your child’s life with their presence
  • You want to move so you can take a better job or pursue your degree – and the resulting economic benefits that follow will improve your child’s standard of living

It can also help your case if you have a plan for how you intend to facilitate your co-parent’s relationship with the child you share, whether that includes virtual visitation, summer trips or something else. That way, the court can tell you aren’t trying to separate the child from their other parent out of sheer vindictiveness.

Relocating with your child after a divorce can be tricky. Make sure you have the assistance you need to frame a persuasive case.

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