When a custodial parent wants to move away with the children, complex legal issues arise. Relocation cases pit one parent's right to move against the other's right to maintain a relationship with the children. Courts balance these competing interests carefully.
Why Relocation Is Complicated
Moving with children after divorce affects everyone. The relocating parent may have legitimate reasons—job opportunities, family support, new relationships. But the move can dramatically reduce the other parent's time with children, straining or even severing that relationship.
Courts must weigh both parents' rights while focusing on what serves the children best.
When You Need Court Permission
Most custody orders and state laws restrict relocation beyond certain distances—typically 50-150 miles or out of state. If you want to move farther, you generally need either the other parent's written consent or court approval.
Moving without permission when required can result in being ordered to return, losing custody, and being held in contempt of court.
Notice Requirements
Before relocating, you typically must give the other parent formal notice—often 30-90 days in advance. Notice should include your intended new address, the move date, reasons for relocating, and a proposed revised parenting schedule.
The other parent then has an opportunity to object and request a hearing.
Factors Courts Consider
In relocation cases, courts typically evaluate:
Reason for the move: Job opportunities, educational advancement, family support, and new relationships are legitimate. Moving solely to interfere with the other parent's relationship is not.
Impact on the child: How will the move affect the child's education, relationships, activities, and emotional well-being?
Relationship with both parents: The quality of each parent-child relationship and how the move affects it.
Ability to preserve the other relationship: Can a realistic visitation schedule maintain the non-relocating parent's relationship?
Child's preference: Older children's wishes may be considered.
History of custody compliance: Has the relocating parent supported the other parent's relationship?
The Relocating Parent's Burden
In many states, the parent seeking to relocate bears the burden of proving the move serves the child's best interests. You must present legitimate reasons for moving and demonstrate how the children will benefit—or at least not be harmed.
Some states presume relocation is acceptable if requested by the custodial parent, placing the burden on the objecting parent to show why it shouldn't be allowed.
Proposing a New Parenting Schedule
Relocation requests should include detailed proposed visitation schedules. Show the court how the non-relocating parent will maintain a meaningful relationship: extended time during summers and school breaks, regular video calls and phone contact, transportation arrangements and cost-sharing, and holiday rotation adjustments.
Courts are more likely to approve moves when robust alternative visitation is proposed.
When Courts Deny Relocation
Courts may deny relocation when: the move appears designed to frustrate the other parent's relationship, no legitimate purpose justifies the move, the child has particularly strong ties to the current community, the non-relocating parent has been highly involved, or proposed alternative visitation is inadequate.
If Relocation Is Denied
If the court denies your relocation request, you have options: stay in the current location, move without the children (they remain with the other parent), or appeal the decision if legal grounds exist.
Moving in violation of a court order denying relocation can result in severe consequences.
International Relocation
Moving to another country raises additional complications: enforcement of visitation becomes difficult, the Hague Convention on International Child Abduction may apply, and courts are particularly cautious about approving international moves.
Emergency Situations
In emergencies—escaping domestic violence, immediate job loss, or safety concerns—expedited relocation procedures may apply. Document the emergency thoroughly and seek immediate legal guidance.
Getting Legal Help
Relocation cases require skilled legal representation. Whether you're seeking to move or opposing a move, an attorney can present your case effectively, propose workable alternative arrangements, and protect your parental rights.