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Planning on a move after divorce? With kids, it’s harder

On Behalf of | Jun 11, 2020 | Uncategorized |

After your divorce, your goal is to move out of the state. You’re looking forward to moving closer to your family. They’re in California, so you don’t get to make the trip to see them very often.

The only problem is that you have children with your spouse, and they don’t want you to go out of the state. There are plenty of positives if you do, but they don’t want to listen to your reasoning. What should you do?

Remember that every state has its own laws about moving out of state with your children. Your attorney will talk to you about the likelihood of a judge approving this kind of move based on the reasons you have for moving. If you want to have primary custody and to move out of the state, you should provide excellent support for your request.

For example, a judge may be in favor of the move if you:

  • Can show that you have a better support system for your children in the other state
  • Show that the schools in the other state are better
  • Have a plan for allowing your ex-spouse to see your children regularly, such as scheduling meeting points on long holidays or scheduling flights for long weekends
  • Are already the primary caregiver of your children
  • Are traveling out of state to pursue a better career option or schooling

It should go without saying, but a judge is not going to approve you going out of state with your children if the move is out of animosity. The judge wants to know that the move you’re planning is in the best interests of your children.

If the judge doesn’t believe that the move is going to be helpful to your children, then they may decide that your children cannot move with you out of state. That would leave you in a position where the other parent could seek primary custody and you could end up with visitation rights.

Before you decide to take your children out of state, it’s important for you to think about why you want to do that. If you feel that it is truly in their best interests, talk to your spouse about the idea. If your spouse travels for work often or isn’t planning on seeking shared custody, then they may be more willing to work with you on a move out of the state.


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