Life doesn’t stand still after a divorce. Whether it’s a new job opportunity, the chance to be closer to family, or the need for a fresh start, moving out of state might feel like the right next step.
But if you share custody of your child, relocating across state lines isn’t something you can decide on your own. In many cases, you’ll need legal permission before making that move. To protect your parental rights and avoid legal trouble, it’s important to understand how relocation works and speak with a relocation attorney before making any decisions.
Contact Us Today For A Consultation
Can a Parent Move a Child Out of State After Divorce?
In most cases, you cannot move your child out of state without getting approval. That approval can come from either:
- Agreement from the other parent – This typically needs to be in writing. Both parents must agree to the move and may also need to update the parenting plan to reflect the new arrangements.
- Approval from the court – If the other parent doesn’t agree, you’ll need to go through a formal legal process. A judge will review your request and decide whether the move is in the child’s best interest.
Most custody orders include relocation rules. If you break those rules, you can face legal trouble—like losing custody or being held in contempt. A child custody attorney can review your parenting plan and explain exactly what your order allows.
How Far Can I Move with My Child After Divorce?
You don’t need to cross state lines for a move to be considered a legal relocation. Many custody agreements require approval if the move affects the parenting schedule, even if it’s just to another city.
The key is how the move impacts your child’s relationship with the other parent. Some custody orders set specific limits or notice requirements, so it’s important to check your agreement. If you’re unsure, your family law lawyer can help clarify your rights and avoid legal issues.
How a Court Decides If You Can Relocate After Divorce
If your co-parent won’t agree to the move, you’ll need to go through the courts. A judge will review your request and consider several key factors, including:
- Your reason for moving (job opportunity, support system, education, etc.)
- Whether the move is in your child’s best interests
- How the move might affect your child’s relationship with the other parent
- Whether a long-distance parenting plan can still work
Your child custody lawyer can put together a clear, strong case that explains why the move is necessary and how your child will benefit.
Do I Need the Other Parent’s Consent to Relocate My Child?
Yes. Most of the time, you’ll need permission from the other parent or the court to move out of state with your child.
If you try to move without permission, the other parent can take legal action. The court might view your move as violating the custody order, which can lead to serious consequences. Before you pack any boxes, talk to your child custody lawyer about your rights and what steps you need to take.
What to Do If the Other Parent Disagrees with Your Move After Divorce?
If the other parent disagrees with your move, you’ll need to file a relocation request or a motion to modify custody. The court will consider your reasons for moving and whether it’s in your child’s best interest.
For example, if you’re moving for a job or to be closer to family, the court will evaluate how the move affects visitation and if a new parenting plan can work.
A child custody attorney can manage the legal process, gather the right documents, and represent you in court. These cases can be emotionally challenging, so having an experienced lawyer is vital.
Does a Non-Custodial Parent Need Permission to Relocate with a Child?
Yes—relocation rules apply to both parents. If a non-custodial parent plans to move far enough to affect the custody or visitation schedule, they may need to notify the court or request a change to the parenting plan.
Even without primary custody, a move can impact the child’s relationship with both parents. A family law lawyer can help ensure you follow the right process and avoid violating your custody agreement.
Penalties for Moving Your Child Without Permission After Divorce
Moving your child without following the proper legal process can result in serious consequences. These might include:
- Contempt of court: Ignoring the terms of your custody agreement or relocation order can result in legal penalties.
- Loss of custody or visitation rights: The court may decide to modify your custody arrangement, potentially reducing your time with your child.
- Negative impact on your case: If the matter goes to court later, moving without permission can damage your credibility and affect the outcome of your case.
These consequences can be difficult to reverse once they’ve occurred. That’s why it’s critical to consult with your family law attorney before making any decisions to relocate. A lawyer can guide you through the legal process, protecting your rights and avoiding these potential issues.
How to Modify Your Custody Order to Allow a Move After Divorce
Yes, if your situation has changed in a major way—like a new job or needing more support—you can modify your custody order to include permission to move.
A child custody lawyer can file a motion with the court and show why this change is in your child’s best interests. Don’t wait until it’s too late. If you’re thinking about a move, it’s best to start the legal process as soon as possible.
Talk to a Lawyer Before You Relocate
Moving out of state with your child after a divorce is a big decision. There are serious legal steps you need to follow, and skipping them can put your parental rights at risk.
Before you take any action, speak with a family law lawyer who understands the law and can guide you through the process. A lawyer can help you understand your current custody order, file the right paperwork, represent you in court if needed, and protect your relationship with your child every step of the way.
Don’t leave anything to chance. The right Spokane family lawyer can make all the difference.
