Can You Move Out Of State Once A Child Custody Order Is Already In Place?
I had a consultation just yesterday, where a woman came in. She had just recently finalized her divorce with her husband and they have five children between them. She wants to move out of state to start over, to be with family, to have more support, and she has a higher paying job that is lined up for her out of state. She wanted to know what she can do about moving out of state now that they have a custody order in place. They have a joint custody agreement which means that both parents have a 50/50 interest in the visitation and time with their children. I explained to her that moving her children out of state after a divorce is possible if you follow the following procedure.
Moving out of state after a divorce once you have a custody order is a very difficult thing to do if you do not have permission from the child’s other parent. You will have to petition and file a motion with the court to have the court listen to your arguments as to why you want to relocate the children away from the other parent. You will give your reasons, and the judge will then make a determination whether or not it is in the children’s best interest for you to move out of state, and move the children away from the non-custodial parent.
Below are a few factors that judges look at to decide whether or not it is in the best interest of the children for you to remove them from the state:
- Maybe the move includes a new job that is going to give you and the children a better quality of life
- Will the move bring you closer to extended family that will be there to support you and the children, allowing them to grow up with family and be surrounded by familial love.
- Maybe the new location has better schools. Although this factor don’t hold much weight, judges may take it into consideration.
There are many different factors that the court looks at, but ultimately it has to be in the best interest of the children for you to move them away. Again, if you do not have the permission of your ex-spouse to remove the children from the state, and you would like to do so anyway, you will have to file a motion with the court, present your reasons why you want to move, and have the judge give you the permission that you request.
If you would like to discuss this topic or any other Family Law topic in more detail, do not hesitate to contact our office to schedule a consultation with our experienced Family Law attorneys. To set up a meeting, contact us at (702) 998-1188, firstname.lastname@example.org, or by scheduling a consultation online.