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When divorced parents want to move out of state

On Behalf of | Oct 17, 2022 | Child Custody And Support |

Co-parenting after divorce can become challenging as the needs of children and parents change over time. At some point, one parent’s circumstances may necessitate an out-of-state move.

If you or your ex must move out of state, you will have to modify your custody and visitation plan. In some cases, a judge may have to make the decision for you.

Can you or your ex move out of state with your child?

Moving out of state with a child requires the other parent’s consent, or if the other parent will not consent, a judge’s approval. When considering modifying a parenting plan due to a move, the court must first determine whether the reasons for the move are legitimate. A parent can not move out of state with a child for the sole purpose of preventing the child from seeing his or her other parent.

There are many legitimate reasons for divorced parents to move, however. These reasons may include proximity to extended family, career development or education opportunities.

How should the judge determine custody and visitation?

The judge should consider the best interest of the child, which requires looking at a number of factors. The judge should consider each parent’s ability to meet the child’s physical and emotional needs and facilitate the child’s relationship with the other parent. If there is a history of abuse in either household, the court should take this into account.

An out-of-state move will affect your child regardless of whether he or she moves or stays behind. If you and your ex can not agree on where your child should live, a judge should decide what arrangement best supports your child’s well-being.


Contact Dorothea G. Aguero, Attorney at Law, P.C.