After divorce, you may find yourself wanting to move shortly after custody has been negotiated or decided by the Court. If this happens, you may wonder whether you can simply move and take your child(ren) with you. In most cases, you may not. The following family law guide discusses this situation further.  

What to Consider Before Moving With a Child

If divorce is relatively recent, such as within the last 3 years, your child is probably still adjusting to life without parents who live together. From visitation schedules to holidays, separation requires children to adapt, both environmentally and mentally. They often have 2 homes and 2 sets of friends and are adapting. Therefore, you may not want to uproot them in the first few years following your dissolution of marriage.

In addition to the shock of a move, time away from the other parent can be disorienting and disrupting. However, if the move is crucial—such as for work, and ultimate enhancement of their lives, this may outweigh any temporary feelings of disruption.

However, if the new location doesn’t offer the same opportunities that the child has at home, such as a good education and extracurricular activities, then this might outweigh any decision to move. 

Requirements for Moving With a Child

While it’s possible to move away and take your child(ren) with you, you’ll need to have permission from the Court, which will weigh a variety of factors, including but not limited to, the reason for the move, how the move will enhance the child(ren)’s lives, and the effect on their relationship with your ex-spouse. Courts have fashioned many remedies, including extended periods of visitation for the non-moving ex-spouse (i.e. the entire summer), and requiring the moving party to pay transportation costs.

Therefore, you will need a lawyer to file a custody modification petition and the court must approve the move before you go. Also, prepare for your ex-spouse to contest the Petition, which is his or her right.

If you’re interested in learning more about this common family law situation, reach out to Thomas A. Corletta, Attorney & Counselor at Law. This Rochester, NY, attorney is dedicated to helping clients sort through their divorces, as well as the subsequent child custody modification situations. With almost 40 years of experience, you can trust this skilled lawyer to offer personalized, attentive, and knowledgable service. To learn more about his experience with family law cases, visit his website. Call (585) 546-5072 to schedule an extensive consultation. All cases are different and require an in-depth, in-person meeting.