question.jpgIn Divorce Law

Can I leave the state with my child?

In general, if a custodial parent has a reasonable reason to relocate out of state, then the parent can move away with the child; a reasonable reason means finding a new job or starting a new life in a different place. However, in a handful of states, the custodial parent has to prove that relocating is in the child’s best interest. In determining whether relocating is ideal, court will consider these factors: 1) the advantages for the child of the relocation; 2) the motives of the parent seeking to move; 3) the motives of the opposing parent; 4) the relationship between the child and the non-custodial parent; and 5) whether visitation can be restructured to allow for meaningful contact for the non-custodial parent. The better reasons for relocating include: finding a better job, being closer to relatives, or moving with a new spouse.