It isn’t unusual for someone to want to relocate after their divorce is final. You may have a great job offer somewhere else. You may want to move back to your hometown so that you can benefit from your family’s support. You may simply want to get away from the reminders of the past.
Unfortunately, relocating when you’re divorced with minor children in tow can be very complicated. Your co-parent may oppose the idea, and you cannot move without the court’s consent.
Is it in the child’s best interests?
A court will want to be sure the move is in your child’s best interests before permitting the relocation. That does not mean to say it will be perfect for the child in all aspects, but that, in the grand scheme of things, the move has advantages for them.
For example, you may be able to demonstrate that the move will benefit your child by giving them access to a better education or unique educational opportunities that support their specific needs.
If you wish to relocate for a job or your own education, it would be important to focus on how these opportunities will eventually benefit your child by allowing you to provide them with more material comforts.
Another reason moves are often considered positive is if they allow better support from the parents’ family. Having grandparents, aunts and uncles to help look after your young child, and cousins for them to play with, might be hugely beneficial. It may also be the only realistic way the parent can afford to work a full-time job, as childcare can be prohibitively expensive.
Does it respect the other parent’s time-sharing rights?
To proceed with your relocation request, you will need to show how you intend to enable contact to continue between your child and their other parent. If the relocation will affect the current custody and visitation plan, you need to be ready to suggest alternatives. Regular use of virtual visitation, with extended time together during the vacations, might be one option.
Whatever you do, don’t just take your child and move, as breaching the court-ordered parenting plan could make your situation far more difficult, as well as harming your relationship with your coparent. Consider legal guidance to navigate the matter safely.