After a divorce, starting fresh in a new city, or even a new country, can feel like the right move. But when children are involved, relocating isn’t just a personal decision; it’s a legal one.
Below, our friends from Vayman & Teitelbaum, P.C. discuss various aspects of relocating with kids after a divorce.
Whether you’re chasing a job opportunity, moving closer to family, or simply seeking a fresh start, relocating with your child after divorce is not as straightforward as packing up and moving. In many cases, violating custody agreements or court orders can lead to serious legal consequences.
Here’s what you need to know about relocating with your child after divorce, and how to do it the right way.
Is It Legal To Relocate With My Child?
It depends on your custody arrangement and your location.
Suppose you have sole legal and physical custody. In that case, you may have more flexibility, but you’re still often required to notify the other parent and/or get court approval, especially if you’re moving far enough to impact the existing parenting schedule.
If you share joint custody, even a relatively small move (like to another city or state) usually requires:
- Consent from the other parent or
- Permission from the court
Taking a child out of state, or worse, out of the country, without meeting these legal requirements can be considered parental kidnapping, even if you’re the custodial parent.
How Courts Decide Relocation Cases
Family courts take relocation requests seriously because they directly impact a child’s relationship with both parents. The court’s top priority is always the best interests of the child, not the preferences of the parents.
Here are some key factors courts consider:
Reason For The Move
Is the move motivated by a better job, education, a stronger support network, or a safer environment, or is it to escape the other parent?
Impact On The Child
Will the child benefit educationally, emotionally, or socially from the move? Or would it create instability and distance from a parent or extended family?
Current Custody Arrangement
If parents have been co-parenting well and maintaining a regular visitation schedule, the court may be hesitant to disrupt that bond.
Distance Of The Move
A short-distance move might not require court involvement, but longer moves, especially out of state or country, are much more likely to trigger legal scrutiny.
Willingness To Support Ongoing Contact
Courts want to see that the relocating parent is committed to maintaining the child’s relationship with the other parent, even from a distance (e.g., offering extended holiday visits or virtual communication).
What You Must Prove In Court
If you’re the parent requesting relocation, you’ll need to demonstrate that the move is:
- In good faith
- In the best interest of the child
- Not designed to interfere with the other parent’s rights
You may also need to submit a relocation plan, including:
- Where you’re going
- School and housing information
- Job prospects
- Travel arrangements for visitation
What Happens If You Move Without Permission?
If you relocate without court approval or the other parent’s consent, you could face:
- Contempt of court charges
- Loss of custody
- Court orders to return of the child
- Criminal charges in extreme cases
Even if you feel justified, it’s always safer, and legally smarter, to follow proper procedures before making a move.
Tips For Navigating Relocation Legally
Review your custody order—Does it include relocation terms?
Communicate early—Notify your co-parent as soon as possible.
Put everything in writing—Especially any agreements you reach outside of court.
Document your reasons—Be prepared to show why this move benefits your child.
Work with an experienced family lawyer —They can guide you through the legal process and help protect your parental rights.
New Chapter, New Rules
Relocation can be the start of an exciting new chapter, but when kids are involved, you need to get it right legally. Whether you’re the parent seeking to move or the one staying behind, understanding your rights and responsibilities is key.