Moving a Child out of State

Depending on the state where you live and where the divorce and custody agreement was granted, you may not be able to move to another state with your child. Or you may be able to move, in the end, but there’s a legal process that must be followed in order for you to do so.

For the Good of the Child

States that require a process be followed before the custodial parent can move a child out of state have those laws in place for the child’s benefit.  The laws are there in order to allow the other parent to maintain a connection and a good relationship with the child that the state believes will be much more difficult if the child lives in another state.

Most states used to have no requirements for this, and so the parent with custody could move anywhere without even going through the court, but the laws have evolved to help the non-custodial parent keep in touch with the child. Even if the geographic difference is small, for instance the new location is only 30 minutes away, the same procedures must be followed.

The Non-Custodial Parent’s Rights

If the other parent has no objections to the move, there’s rarely a problem.  It’s when the non-custodial parent objects to the child being moved to a different state that problems arise, and sometimes the custodial parent is prevented from making the move with the child. A good reason for the move must be demonstrated before a court will allow a child to be moved to another state when the parent who does not have custody objects.

In most states, the custodial parent has to give notice far in advance of the day the move is planned to give the non-custodial parent time to object, if he or she wishes, and to give the court ample time to decide the matter.

Getting a Move Granted

There are cases in which the non-custodial parent might object to the move, but the court will give permission for it.  These usually involve certain factors:

• The move is a positive one, like a better job the parent has been offered, or the parent is moving to an area with many family members
• The move will benefit the child
• The non-custodial parent objects but hasn’t been diligent about making visitations or spending time with the child

The main reason a move isn’t granted is that it seems it’s being orchestrated to limit the child’s time with the other parent.  Likewise, when the court deems that the non-custodial parent's objections are designed only to cause difficulty for the ex-spouse, the move would be granted despite those objections.

If the move is granted, the change in visitation can sometimes be beneficial to the parent/child relationship, because even though the visits might be less often, they can be prolonged, such as several weeks over the summer.  Occasionally, support payments might be lowered to help offset the higher cost of visitation and make some of it the custodial parent’s responsibility.