Focused Guidance, Aggressive Family Law Advocacy

Moving with a child custody agreement in place

On Behalf of | Sep 19, 2023 | Child Custody

When a parent has a child custody agreement but needs to move to a new location, they may have questions about the process they need to follow.

Relocation overview

A parent may need to relocate for several reasons, like a new job opportunity, to be closer to family or friends, or for their education. However, a parent cannot simply leave the state with the child when they have a child custody order.

It’s important for the parent who wants to relocate to notify the other parent as soon as possible. If the other parent agrees to the relocation, they may be able to draft an agreement that outlines the new custody arrangement and submit it to the court.

If the other parent does not agree, the parent who wants to move will need to file a petition with the court and include information about the reasons for the move and how it will affect the child. The court will schedule a hearing to review the petition and both parents can attend. The parent who does not agree to the move will have an opportunity to state their objections.

Factors for consideration

The court will take several factors into consideration when deciding whether to approve the relocation. The primary factor is whether the move is in the child’s best interest, including how it will affect the child’s overall well-being.

It will also review the child’s relationship with both parents, as well as how the move will impact the child’s education and their social life. If the court believes the child is old enough to express an opinion, it may take their thoughts into consideration as well.

If the court approves the relocation, it will issue a new child custody order.