Can I Move Out of State With My Child After a Divorce?
Moving a child out of state after a divorce is one of the most difficult and most challenging custody disputes that you will face if your ex-spouse resists, especially if you have a court ordered custody arrangement. Parents have a fundamental right to custody of their children; and moving the child away from a parent may significantly impact this right.
Moving a child out of state without either a court order or the approval of your ex-spouse can have a detrimental consequence for you including but not limited to:
- The court can impose possible changes in custody and potentially even give your ex-spouse primary custody of your child.
- The court might impose fines.
- In extreme situations, the court may order jail time.
If you’re considering moving and your spouse is not in agreement to your move, the best approach is for you to go to court and get permission to relocate. When deciding whether to grant your move the court is always going to look to what is in the best interest of the child. Particularly, will this move be beneficial to the child? Some of the factors that the court may consider in making this decision are, for example, if you have a new marriage or if you have a better job, a better income opportunity, or better educational opportunity that comes with the perspective move. Just remember that everything comes down to what is in the child’s best interest.
It is never a good idea to violate an existing court ordered custody arrangement from a court. If you’d like to discuss your options with an experienced Family Law Attorney, contact our office today. To set up a consultation, give us a call at (702) 998-1188, email at firstname.lastname@example.org, or schedule a phone or in-person consultation online.