Can You Move Out of State with Kids After Divorce?

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Divorce is one of the most difficult topics to broach, as the thought of altering a family dynamic raises a host of concerns like finances, emotional wellness, and logistics. One of those logistics is relocation with a child after divorce. Not only is relocation a challenging subject, but it may also be subject to legal constraints. 

As a relocating parent, you may have to move post-divorce for a new job or other reasons if it’s in the best interest of the child, a foundational legal principle of custody law. You may be moving to be closer to family, a vital support system for post-divorce families.

This article explores essential points you should know about relocation after divorce.

How to Seek Approval for Relocation

Ideally, if you want to relocate, you should acquire official approval from the other parent first. This will make the process much smoother, especially if there are other legal steps required. 

The first step, in most cases, is to write a formal written notice to relocate. A comprehensive notice should be sent to the other parent, outlining the following:

The new address of the relocationSpecific reasons for relocatingProposal for revised parenting schedule

Check your local custody laws about the timing of these notices. Custody courts often set a time window for notices, giving the other parent (and the court) ample notice before relocation. 

It’s important to understand any state-specific legal constraints before drafting a relocation notice. For example, if you live in Texas, you may be subject to a geographic restriction that only permits relocations within certain counties. 

If you want to move outside of your designated zone, you will need to modify your custody agreement, known as a conservatorship in Texas. Research is key in these situations; learning about the foundations of Friendswood conservatorship law by Tad Nelson can shed much-needed light on complex legalities.

How Do Courts Decide Relocation Cases?

Consent of the non-relocating parents is crucial in these cases. If they do agree, they can sign a consent agreement to modify the official custody order. A judge will strongly consider this consensus when making a court decision on relocation. Depending on the state, a judge may analyze additional information. 

Going back to the Texas example, a judge may agree to modify a custody (conservatorship) order if there’s been a significant development that requires relocation. If the other parent objects to the relocation, the burden of proof is on the parent to prove that the relocation is in the best interest of the child. 

That’s why it’s crucial to have a lawyer by your side. 

What Courts Consider in Relocation Cases  

All custody courts, regardless of the state, consider various factors when assessing relocation requests. Such careful consideration ensures decisions are made in the children’s best interests. Factors include: 

Distance and logisticsRelocation reasonsSchool systems (prior vs. potential)

Any attempt at alienating a child from the other parent will be rejected. Courts do analyze the impact of relocation on the child’s current relationships and bonding experiences, including connections with other family members and communities.

Organize Your Relocation Request

If you’re considering relocating with your child after a divorce, immediately discuss the plan with the other parent. Draft a comprehensive written notice of relocation, and contact a lawyer together. Being on the same page is foundational to successful co-parenting.

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