Can a parent move out of state after a divorce?

Can a parent move out of state after a divorce?

Many parents move following a divorce, whether to begin a new job or a new life. A judge can’t force a parent to remain in the state following a divorce. A custodial parent has the right to travel freely and even relocate with a child under certain circumstances.

How do you stop a custodial parent from moving out of state?

Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.

Can I move if I have joint custody?

If the parent is agreeable, arrangements can be made for the child to see that parent as agreed between them. If the parent does not agree, then the relocation cannot occur and a court order must be obtained from the court to allow the move.

How hard is it to move out of state with joint custody?

One parent can significantly complicate a joint custody arrangement by moving out of the state in which both resides. As a result, that parent may need court approval to move. If the parents can’t agree on a solution, the court will try to determine how to modify the custody arrangement for the benefit of the child.

Can my daughters dad stop me moving?

One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening. Such an order would prevent the child from being moved until the court has considered the case.

What happens if a parent moves out of state?

If you move without a court order or without the consent of the other party, a court may order you to return until it has considered the case. If there are relocation orders in place, moving may breach the order and the other parent may apply to enforce the order.

Do fathers win custody battles?

For a father, custody can be difficult to win, even though the courts do not discriminate against dads. Whether you are a father going for full custody or joint custody, you should be prepared for a difficult child custody battle, especially if the child’s other parent is also filing for custody.