Will the court allow you to move to a new state with your child?

Griffin Law, PLLC
Mar 25, 2022

Even if the child custody agreement that you and your ex-spouse have followed since your divorce is still working well, you may find that you need to change it to accommodate a major move.

For example, say your employer has finally approved your promotion along with a generous pay raise. However, it means that you and your child must move to another state. Here is what you need to know about changes to child custody agreements to understand if the court will grant you a modification.

Understanding the view of the court

The court expects a relocating parent to notify the other parent as soon as possible before the move. Your child will go to a new school, live in a new community and cultivate new friendships. The burden is on you to convince a judge that your child will benefit from the move. You must also present a new plan for visitation, including travel arrangements. This may include revised holiday and summertime schedules so that your child can spend more time with the other parent.

Following the “best interests” standard

Usually, the court is wary of relocation requests. A judge always supports the “best interests of the child” standard and does not like the idea of disrupting the child’s lifestyle and routine. You should prepare by presenting as much information as possible to show that the move is in the best interest of your child.

Courts do not grant modifications for trivial matters. You will need to demonstrate that a substantial change of circumstances has occurred. Proper preparation is essential.

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