Navigating a divorce can be a challenging experience, and when children are involved, things can become even more complicated. One question that often arises is whether a parent can move out of state with their child during the divorce process. This issue can be a delicate one, balancing personal desires, legal restrictions, and the best interests of the child. Here’s what you need to know.
Understanding Legal Custody During Divorce
In many cases, both parents share what is called “legal custody” of the child. This doesn’t necessarily mean the child lives with both parents but that both parents have a say in important decisions regarding the child’s life, such as their education, health care, and general welfare decisions. Physical custody, on the other hand, refers to where the child lives most of the time.
While the divorce is pending, the family court typically aims to preserve stability for the child, which often includes maintaining the current living arrangements, referred to as “status quo.” Disrupting this can be seen as against the child’s best interests unless there’s a compelling reason.
Temporary Orders on Custody
To help maintain this stability, courts often issue temporary orders which include custody arrangements. These orders must be followed until the divorce is finalized or the court changes them. These orders will explicitly state whether you can relocate with your child.
Example Scenario: Jane and her spouse are going through a divorce. The court has issued temporary custody orders stating that they have joint legal custody and Jane has primary physical custody. If Jane wants to move out of state with their child, she will need to seek approval from either the spouse or the court.
Getting Permission to Relocate
If you wish to move with your child, the first place to start is to check the existing court orders. If those orders prohibit moving or specify the child’s living arrangements, you’ll need to seek permission for relocation. Here are some typical steps involved:
1. Consent of the Other Parent: Talk with the other parent. If you both agree to the move, you can typically proceed with a written agreement submitted to the court for approval.
2. Court Approval: If the other parent does not consent, you can file a motion with the court requesting permission to relocate. This will generally involve a court hearing where both parents present their reasons for and against the move.
In these hearings, the court focuses heavily on the best interests of the child. Factors considered often include:
- The reason for the move (e.g., job opportunity, support networks).
- The age and needs of the child.
- The impact of the move on the child’s relationship with the non-moving parent.
- Whether a visitation schedule can maintain a meaningful relationship with the non-moving parent.
Practical Tips
- Document Everything: Keep a record of communications between you and the other parent regarding the move, as well as information supporting why the move is in the best interest of the child (job offers, affidavits from family, etc.).
- Legal Advice: Consult with a family law attorney to understand the restrictions and options available in your state, as laws can vary significantly.
- Be Considerate: Although you might feel strongly about the move, consider the potential impacts on your child and the ongoing relationship with the other parent. Mediation might be a useful tool if direct communication is challenging.
Conclusion
Deciding to move out of state with your child amid a divorce is not a decision to take lightly, and it’s essential to follow legal protocols meticulously to avoid potential legal repercussions. Always prioritize your child’s best interest, and seek legal guidance to navigate these complex waters effectively. Keeping lines of communication open with all parties involved can also go a long way in reaching an amicable solution.
