Relocating After Divorce with Children

For a number of individuals, a divorce in which children are involved can be complicated, especially if one parent needs to relocate. There are a number of reasons for relocation after a divorce, but any time children may be affected, there are legal avenues which must be navigated. Because children are involved, odds are child support and child custody orders can have an impact on your relocation plans. This is true whether you are the custodial parent or non-custodial parent.

If you are considering relocating with your children, you must seek a modification to the court orders in order to do so. There are certain factors that must be shown in order for the court to approve of the relocation. If granted, you may relocate with your children. If you try to relocate without going to court, it could be considered an illegal action.

The court uses the following factors in relocation cases:

  • The best interests of the child
  • Relationships around the child in the current location
  • Relationships around the child in the new location
  • Any effect on relatives and the bond with the child
  • The reason for relocation
  • Any history of physical or mental abuse

How Relocation Affects Custody & Support Orders

When the custodial parent seeks to relocate with the children, it may impact numerous aspects of the child custody and support orders. Relocation can result in less time spent between the children and the non-custodial parent. It can also change the amount that the non-custodial pays in support for the children. Whatever the case, the best course of action would be to discuss your relocation with a skilled family law attorney before making a decision.

It is possible for the non-custodial parent to petition the relocation based on the best interests of the children. If the bond between the non-custodial parent and the children will be affected to the point that it hurts the children, the courts may decide against the relocation.