What Happens to My Custody Arrangement if I Want to Move Out of State?

boy in house carrying items for moving

A lot about your life can change after a divorce or break-up and, if you share children with your former spouse, partner or co-parent, some of these changes can have a major impact on your family’s life. If you are hoping to move out of state with your children, you will have to obtain a court order allowing you to do so. You cannot simply leave the state, since doing so would make it impossible to follow the existing child custody order. Unless you and your ex agree to the relocation, and go through the proper legal channels to make the agreement enforceable, this process will take more time.

Moving Out of State with Your Child

As with any other child-related matter, family courts will base relocation decisions on the best interests of the child.

In a relocation case, a judge will consider if the move will improve the child’s quality of life, and will very often consider the following:

  • A remarriage
  • An educational opportunity
  • A new job prospect or an opportunity for increased income
  • Living closer to the moving parent’s extended family

Although the best interests of a child are paramount in these decisions, a judge will also have to consider the benefits of relocation against the disruption it may have on the non-moving parent’s rights.

Family courts will also examine the following factors:

  • The child’s age
  • The distance of the move
  • The reason for the move
  • The current custody arrangement
  • The wishes of the child, depending on their maturity level and age
  • The social impact moving will have on the child
  • The impact the move may have on the child’s psychological wellbeing
  • The impact the move may have on the child’s education
  • The impact the move may have on the child’s relationship with the non-moving parent

If your relocation case is successful, your child custody arrangement will be modified to accommodate your move.

Discuss Your Child Custody Case with an Experienced Family Law Attorney Today!

If you wish to relocate with your child out of state, it is important to hire an experienced family lawyer as soon as possible to guide you through your case. At Law Practice, Ltd., our knowledgeable team will provide the strong legal support you need for your relocation case. Backed by more than 30 years of experience, you can feel confident in our ability to help you.

Call our law office today at (702) 899-2875 to schedule a consultation with our attorney to get started on your case.