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What happens if one parent wants to move?

| Jun 18, 2021 | family law

If a parent decides that they want to move after they go through a divorce, that might be an option. However, moving with their child is a complicated situation, especially if they share custody with the other parent.

In cases where a parent wants to move with their child, the priority has to be defining if the move is in the best interests of the child. For example, if the move will put them in a safer neighborhood, closer to family and into a better school district, then there might be a case to be made about the benefits of the move.

What should you do if you want to move with your child?

If you want to move with your child, the first thing to do is to talk to the other parent about the move and why you’d like to do it. They may agree if you’re planning to move within a short distance, for example, an hour or less, or if the opportunities for your child are very good where you’re going.

What should you do if the other parent wants to move with your child?

If the other parent wants to move with your child, then it’s a good idea to listen to their reasoning and to try to decide if it would be in your child’s best interests to go with them. If they’ll live within a short distance and you’re willing to drive, then you may be able to adjust the custody schedule to work with a modification request.

If you don’t agree with the other parent taking your child away or if they don’t agree with you, then you will need to go to court to ask for permission to relocate. In that case, it’s worth your time to put together solid arguments for taking your child as well as a plan for keeping them in touch with the other parent (or vice versa). Review your current custody agreement to see if there are restrictions and prepare to argue your case in court. You should have good documentation of job offers, schooling options or other reasons for wanting to move with your child or documentation showing why they should not be moved.