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Can I Relocate with My Child After a Divorce?

Posted on October 7, 2019

Often, divorced parent custody arrangements work well when both parents live nearby.

But what happens when one parent would like to relocate with the child to a different city?

 

Relocation can be difficult, especially when one parent needs to transfer to another city or state for a job.  Moreover, relocation trials can be one of the most complex types of custody disputes.

 

If the relocation a parent is seeking is less than 50 miles from the current home, the move is permitted under state law.

 

However, the story is quite different if the intended relocation is over 50 miles from the current location.  In these cases, courts are forced to weigh the benefits of relocation versus many other factors including the disruption to visitation rights of the noncustodial parent.

 

There are many different permutations of parental and child relocation depending on the type of custody, the reasons for moving, whether or not both parents agree or disagree on the relocation, family relationships, the age of the child, and how the move will affect the child and both parents.  Here are a few of the most common cases:

 

  • Generally speaking, if the divorced parents have a time-sharing child custody agreement and both agree to the relocation request of one of the parents, court proceedings are more limited. In this case, written agreements must detail the location, visiting or sharing rights, and transportation arrangements to fulfill visiting or sharing rights.

 

  • In the case of a guardian with majority child custody time-sharing, the parent must provide a formal notice of intent to move, detailing reasons for the move as well as location, visiting or sharing rights, and transportation arrangements to fulfill visiting or sharing rights. The other parent can legally object to the relocation.

 

  • If the divorced parents have a time-sharing child custody agreement, then the parent seeking to relocate must obtain legal consent from the other parent. In this circumstance, if one of the parents does not agree to the relocation request, then the parent seeking relocation would have to prove that the move is in the best interests of the child for the court to consider the case.

 

  • If a parent and child move without permission of the court system, it is considered improper child relocation and has significant legal consequences.

 

If you are involved in a relocation dispute, our experienced attorneys can guide you through this process.  Our compassionate attorneys provide private complementary consultations.  For more information, contact us at Troy Legal, (888) 879-7578.

 

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