Can I Relocate My Kids Out of State During Divorce Proceedings?
Divorce is one of the most challenging experiences a family can go through, and even more so when children are involved. Emotions often run high, and decisions about custody, parenting time, and the child’s future can become points of serious contention. Relocation is one of the most complex issues arising during or after a divorce. The question is: Can one parent move out of state with the children before the divorce is finalized?
The answer is not always straightforward. While parents may have personal or professional reasons to move, such as a new job opportunity, family support, or a fresh start, relocating a child out of state during divorce proceedings is typically restricted by law and subject to court approval.
If you are facing this situation, an experienced child relocation attorney can advise on the legal standards around child relocation during a pending divorce, what courts consider in these cases, and what you should do if you’re contemplating, or contesting, a move.
Understanding the Legal Landscape
When a divorce is underway and children are involved, the court aims to protect the best interests of the child above all else. Until custody is formally decided, both parents typically have equal rights to their children. That means that neither parent can unilaterally move a child out of state without consent from the other parent or permission from the court. Doing so without approval may have serious legal consequences, including loss of custody.
Can You Relocate Before Custody Is Officially Decided?
In most jurisdictions, you cannot relocate before custody is settled without prior court approval or written consent from the other parent. Some of the reasons for this include:
- Courts want to maintain stability for the child during the divorce.
- Relocating can make it more difficult for the other parent to maintain their relationship with the child.
- If custody is still being decided, removing the child from their home state can influence jurisdiction and potentially complicate the case.
If you attempt to move without following the proper legal steps, the court may view it as an attempt to gain an unfair advantage in custody proceedings, which can backfire.
What If the Move Is Necessary?
Sometimes, a parent has a legitimate reason to consider relocation even while a divorce is pending. Common reasons include:
- A job offer in another state
- Military reassignment
- Health-related issues or caring for a family member
- Escaping domestic abuse
- Moving closer to family for financial or emotional support
In these cases, it is advisable to speak with your child relocation lawyer to learn more about the proper legal steps you will need to take. They can file a motion with the court requesting permission to relocate.
How Courts Decide Relocation Requests
When evaluating whether to allow a parent to relocate with a child, courts weigh several factors, including:
The Child’s Best Interests
This is the guiding principle. The court will consider:
- The impact of the move on the child’s emotional, educational, and social development
- The quality of life in the new location
- The child’s relationship with both parents
Reasons for the Move
A parent must show that the move is made in good faith, not to interfere with the other parent’s rights. A move prompted by a career advancement or to be near their family is generally more acceptable than a move to escape a custody battle.
Impact on the Other Parent’s Rights
Courts consider how the relocation will affect the non-moving parent’s ability to maintain a meaningful relationship with the child. If frequent visitation will become impossible due to distance, the request may be denied unless a creative parenting plan can offset the disruption.
History of Parental Involvement
A court is more likely to grant a relocation request if the moving parent has historically been the primary caregiver and the other parent has had minimal involvement.
Child’s Preference
Depending on the child’s age and maturity, their wishes may be taken into account.
What Happens If You Move Without Permission?
If you take your child out of state during divorce proceedings without approval from the other parent or the court, you can face:
- Contempt of court charges
- Loss of custody or visitation rights
- Mandatory return of the child
- Criminal charges in severe cases
Additionally, any judge reviewing your custody case may view your actions as undermining the co-parenting relationship and acting against your child’s best interests.
How to Handle Relocation Requests the Right Way
If you’re the parent requesting to relocate:
- Consult with a Child Relocation Attorney: They can file the appropriate motion and prepare evidence to support your case.
- Give Proper Notice: Most states require you to provide written notice of your intent to relocate, often 30–60 days in advance.
- Offer a Revised Parenting Plan: Courts appreciate when the moving parent provides a realistic alternative for visitation, such as extended summer visits, virtual calls, or shared transportation costs.
If you’re the parent opposing a relocation:
- You can file an objection and request a hearing.
- Be prepared to show how the move will negatively affect your relationship with your child.
- Propose alternative solutions if you’re open to negotiation.
Temporary Moves vs. Permanent Relocation
It’s also worth distinguishing between temporary travel and permanent relocation.
- Temporary travel, such as a vacation or a short visit to family, may be allowed depending on your temporary custody order or parenting agreement.
- Permanent relocation (where the child will reside indefinitely in another state) almost always requires legal authorization.
Check any temporary custody orders issued during the divorce. Many will explicitly prohibit taking the child out of state without prior consent or court approval.
Call a Child Relocation Lawyer Today
Whether you’re the parent seeking to relocate or the one concerned about losing time with your child, your best course of action is to consult an experienced child relocation attorney who can oversee the legal process and protect your interests.
Our team understands the importance and nuances of handling complex child custody and relocation cases. We know how high the stakes are, and we’ll work with you to develop a legal strategy that prioritizes your child’s well-being while protecting your parental rights. Contact us today to schedule a confidential consultation and get the guidance you need.
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