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Can You Move Out Of State With Children After A Divorce?

People, in general, are far more transient than what they have been in the past. Just because you build a life in one state does not always mean that you will live there for the rest of your life, which can pose problems if you marry someone, have children, and then get a divorce. The fact is, everything gets a little tricky if you need to move out of state, but especially if you have children you share with an ex-spouse who has some level of custody. Here is a look at some of the things you should know if you are considering moving out of state with your child after a divorce. 

You will likely have to provide the court good reason for moving out of state

Maybe you decided you just need a change of scenery or maybe living in the same state as your ex is too much. Neither of these reasons are likely to satisfy the family law judge enough to make the move possible. Before a judge allows you to move out of state with your child after a divorce, they will need to see a logical reason for your doing so. Plus, this reason should be something that will benefit the child in the long run. For example, the judge will be more likely to approve of the move if you are moving because:

  • There are job opportunities elsewhere
  • There are better healthcare services available for a child with special needs
  • There are family members who can help you care for the child

Your reasons for moving must be enough to offset less time with the other parent

In the eyes of a family law judge, it is best for a child to have interaction with both parents on a regular basis. Therefore, if your out-of-state move will mean your child will see the other parent less often, your reason for moving must be really beneficial for the child. 

You may have an easier time moving out of state if you're getting married

A child in a two-parent home is most often viewed as living in a more stable environment by the court system. This means if you are wanting to move out of state because you are getting married, you may have a better chance of getting the move approved by the court system in your state. 

Contact a law office like Souders Law Group for more information and assistance. 


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