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Divorced parents sometimes find they want to move out of state with their children, or to a location that may substantially change the geographic ties with the other parent. The desire to move may be brought on by a wish to be closer to family members, due to a job offer in a different state, or to attend an out of state school. The question for these parents is whether it is legally permissible for them to do so.
Oftentimes, the Separation Agreement the parents entered into addresses this issue, or by the Orders the Court entered, as part of the divorce. Most commonly, the Separation Agreement or the Permanent Orders require the residential custodian to obtain the other parent’s permission for this move. What if the parents can’t reach agreement or if the Separation Agreement or the Permanent Orders do not address this issue?
In these situations, the parent wishing to move will have to ask the Court to enter an Order permitting the move. In making the decision whether to permit a parent who has primary residential custody to move to a location that is far from the other parent, judges must determine whether the proposed move will be in the child’s best interest. This determination requires a careful analysis of numerous factors, all of which are not listed here. However, a highlight of some of the factors includes:
(1) the reason the parent wants to move;
(2)
the reasons why the other parent objects to the move;
(3)
the history and quality of each parent’s relationship with the child since the entry of the last parenting time order;
(4)
the educational opportunities for the child at the new location versus the old location;
(5)
the presence or absence of family members at the new location versus the old location;
(6)
the advantages of the child remaining with the primary care-giver;
(7)
the anticipated impact of the move on the child;
(8)
whether the court will be able to fashion a reasonable parenting time schedule for the other parent; and
(9)
any other relevant factors bearing on the best interests of the child.
The decision to relocate with your minor child will have an important and long-lasting impact on both parents and the child. It is advisable to seek the advice of counsel to assist you with this analysis.
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