Divorces offer a fresh start and an opportunity to move to a new location, putting the past behind you. However, moving out of state becomes more complicated if you have children with your ex-spouse. 

Relocating will affect your child custody arrangement and parenting plan. If you plan to take your child with you, be sure you understand the guidelines around moving out with your child before the divorce. 

Can You Move Out of State Before or During the Divorce? 

You can relocate before or during the divorce, but you’ll need to navigate the process correctly. The steps may look different depending on whether you plan to bring your child with you during the move.  

Moving Out of State With Your Kids

Moving out of state with your child before the divorce may sound like a tempting idea, especially if you don’t want your spouse to gain shared custody. But you cannot do this without severely disrupting the custody process — unless your spouse fully agrees. 

The court prioritizes the best interests of the child when drafting parenting plans. If you want to move out of state with your child, you’ll need to show that the move would be in their best interests. A judge would consider all of the following to make this determination: 

• The child’s preference in custody
• The ability of the child to maintain a relationship with the non-relocating parent
• The reason for relocation
• The age and needs of the child
• The anticipated emotional and educational impact of the move

Working with an experienced child custody attorney can help show that the move would be in the child’s best interests.

Moving Out of State Without Your Kids

If you plan to move out of the state sometime after the divorce, even if you don’t plan to bring your children, make your intentions known. You would need to file a parenting plan modification to update the court about your relocation. You would also need to ensure your spouse can handle tasks like selling the house on their own. 

Planning for the move before you finalize the parenting plan will make this process much easier. If you move out of state, sharing custody with the child’s other parent becomes more challenging. You will need to consider both of your locations when drafting a reasonable and fair parenting plan. 

What About Relocating After the Divorce? 

If you want to move out of state after the parenting plan has been finalized, you’ll need to meet relocation notice requirements and modify the parenting plan. This involves attending a relocation hearing and explaining why the move would be in the child’s best interests. The child’s other parent has the option to submit an objection and counter-affidavit to your request. 

Seek Assistance With Custodial Rights and Relocation 

Your divorce shouldn’t stop you from pursuing career goals or aspirations that require you to move states. Karen Ann Ulmer, P.C., can help you protect your rights to custody during a relocation. Contact us today at 866-349-4461 for your consultation.