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Can you move out of state with your child post-divorce?

On Behalf of | Sep 14, 2022 | Family Law |

If you are divorcing, you may dream of moving from the area. If you share children, then making that move will not be so easy, especially if you wish to take the kids with you.

You can only take your children to live out of state with the court’s permission. If your spouse gives their consent, then there is little reason for a judge to refuse. If, however, your spouse disagrees, then you must prove to the judge that moving out of state is in the children’s best interests. That may not be easy. Here is why:

Children need their parents

The law typically starts with the assumption that it is in a child’s best interests to maintain regular contact with both parents. Unless one parent is a danger to them. Staying in touch becomes much more difficult if you want to move far away.

Typically you need to show compelling reasons such as:

  • A job offer that will allow you to give your child a better standard of life
  • Moving will allow your child to benefit from your extended family or your parents to help with childcare.

Remember, what may seem the right move for you might not be the best move for your child. Even if you can give them a better life and allow them to benefit from being close to your family, you must weigh it up against the negative of them seeing much less of their other parent.

It’s complex, so consider legal help if you wish to make a case for moving your child out of state when you divorce.