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Can I Relocate With My Child After a Divorce?

After going through a divorce, the lives of parties tend to endure several changes, especially when it comes to their living situations. Since you will have to part ways, one party might remain in the family home while the other moves away, or you might both choose to move out and sell the home. Ultimately, one thing is for certain – your living situation will change. However, what happens when former spouses share children and one has to move away? If you are a father with custodial rights, you might wonder if it is possible to relocate with your children and how to go about this process.

What You Need to Know About Relocating with Your Children

Generally, it is not a major issue when parents choose to relocate within the same city since it is unlikely to have an effect on the custody arrangement. Relocations tend to become an issue for parents when it involves a considerable amount of distance and has an impact on visitation. Therefore, parents cannot move with their children without the court’s approval.

If you and your former spouse are on good terms, it is possible that you can come to an agreement, but you should still have your own respective attorneys and will require the approval of a judge to ensure your agreement is in the best interests of your children. If you try to make an informal agreement with your ex-spouse, this could backfire on you, since she could easily claim that you are in contempt of the court’s order. As a result, you could face some steep fines or even jail time.

In the event that the court must decide whether or not you are allowed to relocate with your children, you will have to prove that the move will improve the lives of your children.

Here are some factors that might sway the court’s decision in your favor:

  • You are pursuing an opportunity in education
  • You received a job offer that will increase your income
  • You remarried
  • You will live closer to extended members of your family, which will provide extra care and support for the children

If you are unable to prove that this move will better serve your children’s best interests, it is unlikely the court will grant your request for relocation.

Speak to an Experienced Child Custody Attorney Today!

If you would like to relocate with your children, filing this request with the court will be an uphill battle without the assistance of a skilled child custody attorney. At DADvocacy™ Law Firm, we are focused on defending the rights of fathers and will fight on your behalf to achieve the results you are seeking. Our team has the experience, knowledge, and passion necessary to help fathers navigate difficult family law matters.

Contact our office at (305) 371-7640 to schedule a consultation with one of our compassionate child custody attorneys.