Can you relocate with your children after a divorce?

Griffin Law, PLLC
Dec 13, 2022

After you divorce, you might want nothing more than to move far away from your ex. Unfortunately, this reason alone is often not enough to convince the courts to approve the relocation.

When you understand the impact that moving could have on a child custody arrangement, you might have a better idea of how to approach your petition.

Find a valid reason

The courts prioritize the best interests of your children prior to making any major decisions that could impact their well-being. According to the Child Welfare Information Gateway, “best interests” include a number of considerations such as the following:

  • The ability of both parents to provide a safe home
  • The medical needs of each child
  • The mental health of both parents and their children
  • The capacity of individual relationships between parents and children

Some valid reasons for petitioning the courts to approve a relocation include moving closer to the family for critical support, pursuing a higher education and acquiring another job.

Make a request

You will want to collect evidence that supports your request. For example, if you have received an offer for a job that requires you to move out of the boundary named in your custody agreement, you might include a copy of the job offer. Your ability to provide context to your request may improve your chances of a satisfactory outcome.

Sometimes, you might have the chance to negotiate an alternative agreement with your ex. However, it is still critical that you make these changes formal in a court of law to prevent any legal repercussions if your ex decides to make egregious claims in the future.

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