Can I Relocate with My Child After a Divorce?

Life can change substantially after a divorce and, in some cases, you may have to move for any number of reasons. If you have children, however, this can complicate the situation since you cannot simply pack up and leave with your child. Your first option would be to discuss the matter with your co-parent and work out a new arrangement, which you should have sanctioned by the proper legal channels. If you and your co-parent cannot reach a compromise, you can petition the court with your request.

Moving Away with Your Child

When it comes to child-related legal matters, the court will always base its decisions on the best interests of the child. In a relocation case, a judge will weigh the benefits of moving away against the impact it may have on the non-custodial parent’s ability to maintain a bond with the child.

Here are some examples of situations in which a judge may consider your request:

  • You have a new job opportunity or an opportunity for greater income
  • You will be closer to your extended family who can offer the children care and support
  • You are pursuing an educational opportunity
  • You are remarrying

Below is a list of additional factors that may be considered:

  • If you and your co-parent had a prior agreement
  • The strength of the child’s bond with both parents
  • If disrupting the parent-child bond with the non-custodial parent will be harmful to the child
  • If the move or opposition to the move is in good faith
  • If you have a history of harming your child’s relationship with the non-custodial parent
  • If it is possible or desirable for the non-custodial parent to relocate as well
  • The age and developmental needs of the child

Request a Consultation with an Experienced Family Lawyer to Get Started on Your Case!

If you are petitioning the court with a request to move away with your child, the family law team at the Law Office of Tzvi Y. Hagler, P.C. can provide the exceptional legal representation you need to tackle your case and achieve the best possible outcome. Our skilled attorney is committed to providing personalized attention and tailored solutions on behalf of every client who seeks our help.

Reach out to our law firm today at (516) 514-3868 to request a consultation with our attorney to get started on your case.