Protecting Your Family's Future

Relocation After Divorce

Relocating after divorce is possible, but you must obtain written permission from the child’s non-custodial parent or permission from the courts to make a move. And you need to have good reason to make the move.

Courts will always be looking at a potential move from the perspective of what will foster a continuing parent-child bond with both parents. They want to make sure that the move will not actually harm the child in any way. Moving away because you want to keep your ex from your child won’t work.

The courts recognize that changing life circumstances after divorce sometimes warrant a move. For instance, a parent may have the opportunity for a better career in another state, or the custodial parent is remarrying someone from out of state, or enrolling in a college training program not available in New Jersey.

The standards for parental relocation are complex and this particular area of law is relatively new and continually changing. Among the many factors considered are:

  • the nature of the child’s bond with each parent
  • the extent to which each of the parents, and other important adults in the child’s life, are involved with the child
  • the child’s age and ability to make a healthy transition
  • the impact that the move will have on the resources of the child and the parent
  • the way that the moving parent proposes to help the other parent continue to foster a strong parent-child connection.

Moving a significant distance away from your child’s other parent can make it difficult to continue to maintain a strong parent-child bond with the noncustodial parent. However, there are ways to be creative with parenting time schedules when seeking a relocation. Perhaps the noncustodial parent could have the child for longer blocks of time during the year. Additionally, technology such as Skype and other video chats allow parents to literally be virtually in the same room as their child, no matter where they are in the world.

Please note that your child’s other parent can challenge you on the basis of the move being in good faith and also if he or she believes that the move will be detrimental to the connection with the child.

Stewart Law, PLLC, located in Baytown, Texas, has provided legal counsel to men and women in divorce and other family law cases for 8 years. If you have questions about getting or paying child support, we can give you advice that will help you decide how to proceed. For an initial assessment and consultation regarding default and uncontested divorces, contact our family law firm online or call our office at (281) 420-8020, at a reduced fee of $50.

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Stewart Law PLLC