Children and Divorce

It's not unusual for a parent to want to relocate after a divorce. One may feel the need to start over and relocating is one of the best ways to do this. However, if you have children to think about, it's always complicated by the fact that your spouse may feel differently about you moving to a different area.

In some states, it's required for the custodial parent to give an official written notice to the non-custodial parent that they have the intention to move out to a different area. The non-custodial parent can either accept their decision or take it to court. On the other hand, in other states, a custodial parent cannot permanently move to another area without asking the court's permission to relocate first.

It's always best if the parents can agree with each other about relocating after the divorce rather than take the issue to court. Mediation is one option if you can't agree on it.

In states where custodial parents need to seek approval of the court before they can relocate their children, the best interest of children are considered. The decision is determined by several things:

• How strong is the bond of the child's relationship with his/her siblings, grandparents, non-custodial parent?
• Did the parents of the child/children have a prior agreement about the living arrangements of the people concerned?
• Will it be more detrimental to the child if he/she is taken away from the parent who wants to move than if taken away from the parent who wants to stay?
• Is the person moving doing it in good faith? Is the person objecting to the move doing so in good faith as well?
• How old is the child and will this affect his/her developmental stages?
• Will the relocation have any impact on the child's physical, educational, and emotional development? This is especially true if the child has special needs that need to be met.
• If the child relocates, will the quality of life in the new location afford the child the same opportunities he/she is currently having now?
• If the child relocates, will it be financially feasible for the other parent to have access to the child?
• Will the relocation (or preventing the relocation) have a financial impact on the people involved?
• What is the preference of the child?

The court may also appoint a guardian ad litem whose responsibility is to make a recommendation to the court regarding the issue. It's important for the custodial parent work with the guardian ad litem and allow access to the child as well as the extended family.

Should the court grant permission for relocation, the non-custodial parent will need to abide by it.