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Moving Out of State with a Child After Divorce

If you just went through a divorce, it’s natural to want to move on with your life and start again. For some, that involves moving to a completely different city and state. When there are kids involved in your divorce, however, moving can become a lot more complicated.   

For parents who didn’t receive primary custody, it can mean giving up the right to see their children. Even if you have sole custody, you may be legality prevented from moving out of state with your child. 

There are a lot of variables at play here, and you’ll have to tread carefully if you want to move with your child after a divorce. 

Don’t Move Before the Divorce is Finalized 

If you’re currently in separation, taking your child out of state without the consent of the other parent could violate your separation agreement. It could even affect your chances of gaining custody as the divorce is finalized. If you’re the primary caretaker during separation, you’ll have to stay in place for a while. 

For those on the other end of the situation, if you think your spouse is going to try and take your child out of state, contact your attorney immediately. An emergency court order may be needed to keep them from taking your child away. 

Now, once a divorce has been finalized, and custody has been determined, what do you do? 

Talk to Your Ex 

As long as you’re on speaking terms with your former spouse, consider presenting the idea to them. If you have an amicable relationship, they may be willing to work with you to determine a schedule for your child that allows them to move with you without having to go to court. 

For many divorcees, however, this isn’t an option.  

If that’s the case, there will likely be some legal proceedings. 

The Best Interest of the Child is Always a Priority 

Just as it is when determining custody after a divorce, the courts prioritize the best interest of the child when it comes to moving situations. If they’re heavily involved in their school and they have a strong circle of friends, a judge will likely prefer they stay where they are. 

Safety is always a primary concern as well. 

Before going before a judge, it’s best to create a plan of what life looks like after you’ve moved with their child. Determine a schedule for holiday or summer visits to your ex-spouse. Decide whether or not you’re open to your ex visiting your new place of residence. 

Additionally, prepare evidence of why the move is good for the child is a great idea. Research nearby school systems, job opportunities, your housing situation, etc. 

Ultimately, your priority should be providing the best life for your child. It can be a difficult situation to navigate through. That’s why it’s best to meet with a legal advisor as soon as possible. For a Springfield divorce attorney, contact Michael T. Edwards today. 

41 E. Main St., Enon,
Springfield, OH 45323

937-864-2645