Relocating with Children After a Divorce

Life changes after a divorce and, oftentimes, people will have to move in the aftermath to better their lives. If you have children, however, this will make the situation a little more complicated. You cannot move with your children without first making a modification to your child custody order. Your first option would be to discuss the matter with your ex-spouse. If you can agree on a new parenting plan, this will save you some time, though you will still need the court’s approval.

If you are unsuccessful in resolving the matter, your next option would be to petition the court with your request.

Moving with Your Children

When rendering a decision in child-related matters, a judge will always put the best interests of the children first and generally favor stability and consistency. If you wish to move with your children, you must demonstrate to the court that the move will improve their lives and serve their best interests.

Below are some of the factors a judge will examine in such cases:

  • Prior agreements you have with your co-parent.
  • The extent of each parent’s involvement in the children’s lives.
  • If disrupting the children’s relationship with the non-moving parent will do more harm than good.
  • The needs, age, and developmental stage of the children.
  • If it is possible for the other parent to move at the same time.
  • The financial impact of relocating or preventing the relocation.
  • How moving will affect the children’s emotional, educational, and physical development.

The judge will also examine your motives for relocation. If it appears that the move is motivated by a desire to harm your co-parent’s relationship with the children, your request might not be granted.

Reach Out to Our Experienced Child Custody Attorneys for a Consultation Today!

If your life substantially changed after your divorce and you must now move for a new job opportunity, to be closer to family, or another reason that may improve your children’s lives, contact the family law team at Arnel Law Firm. Our legal team has more than 40 years of collective legal experience, which we will use to your advantage. You can feel confident in our team’s ability to create tailored solutions to meet your unique goals.

Call our law office today at (718) 550-3024 to set up a free consultation with a member of our team to discuss your case.