Carton & Rosoff PC-Attorney at Law

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Relocating with your child after divorce can be difficult

Many parents struggle with the decision to get divorced, questioning how it will impact their child's lifestyle, upbringing and overall happiness. After making the difficult decision to get divorced, most parents end up moving. 

Some parents only end up moving a few minutes away while other parents may decide to move across the country after their divorce has been finalized. Relocating after divorce can be challenging when children are involved so it is important for parents to know what to consider before moving after divorce.

Relocating to another state with your children after the divorce can become a complex legal issue. What should parents think about before trying to relocate? First of all, understand that you may end up in family court to resolve any disputes caused by relocation and any child custody issues. 

There are several factors considered during relocation and child custody cases. In most cases, the child's well-being is the most important factor considered. If a judge rules that moving out of state will harm their well-being or relationship with the other parent, the petition to relocate may not be granted. Other factors considered in these cases include how the child's well-being will be impacted by the custodial parent relocating for a better job that would improve their quality of life. 

Parents can contest the relocation. The custodial parent then has to prove that their child will be "minimally impacted" by moving. This could mean proving that the child's quality of life will be better after relocating even though he or she will be living further away from the non-custodial parent

Relocating with a child after divorce can be a difficult, emotional process. Parents thinking about moving out of the state with their child should understand the state laws on relocation and prepare to go to family court to resolve the issue in some cases. 

Source: The Huffington Post, "6 Things to Expect and Consider When Relocating with Children After Divorce," Andrea Moore, Dec. 18, 2013

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