For most people, moving to a new city or state is far more common than it used to be, People are far more mobile now, with parents deciding to move for job opportunities, for a better economic situation, to be nearer loved ones, or just to find a better climate. For whatever reason, moving with a child of divorce may not be as simple as you believe. Read on for some guidance on what to do.
Your Divorce Decree
The part of your divorce papers that address your children may contain provisions having to do with moving. Some divorce agreements stipulate that a custodial parent may not move with the minor child without the permission of the other parent. This is if both parents have legal custody of the child. Some agreements are more detailed with specifications on how far away a parent may move without the permission of the other parent. These provisions are meant to address the court's interest in preserving the best interests of the child. You might agree that children who are able to spend time with both parents do better after a divorce. A move to another location can put that at risk.
When Parents Don't Agree
If a parent who wants to move fails to obtain the permission of the other parent, they must let the judge decide on the matter. The parent making the move should be ready to show that they are taking the best interest of the child into account by:
- Arranging for the child to travel back and forth so they can still spend time with the other parent.
- That they are moving to improve the economic status of the child. That usually means a job with a big economic incentive.
- That the child will benefit by spending time with other loved ones like aunts, cousins, grandparents, etc.
- The child needs specialized medical care, and the move makes that possible.
- The child will benefit by educational opportunities in the new location.
The reasons presented to the judge should show that the move will mostly benefit the child and not the parent. Parents that fail to address that aspect of things might find their request turned down.
The easiest way to make such a move is to convince the other parent that it's for the good of the child. That, along with making arrangements for visitation long-distance might be enough for the other parent to give permission for the move.
To find out more info about moving with a minor child, speak to a divorce or family law attorney.