What happens to custody if a parent has to move out of state?

On Behalf of | Jun 30, 2022 | Child Custody |

If you need to move out of state for a new job opportunity but have a child with your ex-spouse, you may be in a difficult position. On one hand, you may want to take your child with you to expose them to travel, new educational opportunities or other experiences. On the other, your child is already settled into this community, and your ex-spouse is still living here and able to provide for them in their hometown.

As a parent who now has to make a difficult decision, it’s important that you are transparent with the other parent about your wishes. There are times when you may be able to adjust your custody arrangements to take your child with you, but it is also possible that the other parent may refuse to allow it and that the court could rule that your child needs to stay where they are already comfortable.

Judges tend to keep children where they are

There are always exceptions to the rule, but in most cases, judges like to see children stay where they can thrive. If your child already has many close relationships to family members or friends, it could be highly disruptive to move them out of the area now. A judge might state that they need to stay with the other parent as a result.

However, if your child is struggling in school, has no close family bonds in the area or is unhappy living with the other parent now, you may be able to make a strong case for moving with them. Showing that the work opportunity means you’ll be able to provide more opportunities or live in a better school district could help sway not only the judge but also the other parent.

Your custody schedule still needs time for the other parent

Remember that the new custody schedule has to make time for the other parent even if you move far away. You will need to work out how to allow your child to see them and when visits can occur, so they can maintain that relationship with their mother or father.

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