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Should You Move Away With Your Kids After A Divorce?

Father and son packing boxes.

After your divorce is officially finalized, you want a fresh start. You’re ready for a new chapter. For some people, this means moving out of the town where they lived with their spouse. While the thought of a blank slate is enticing, it’s important to be knowledgeable about how your child custody agreement can impact your ability to move.

Notice of Relocation

If the custodial parent is planning to move out of the area, they must provide the other parent with an advanced notice. If the non-custodial parent is okay with the plan to relocate and the two parents can set up a new custody and visitation agreement on their own, then all is well.

However, if the non-custodial parent is against the plan to relocate, they may take the issue to the courts.

Relocation Cases

If the case goes to the courts, it is up to the custodial parent to prove that the move is in the best interest of the child.

They must share:

  • The reason for the move

  • If the move will increase the child’s standard of living

  • If the move will have an impact on the relationship between the child and the non-custodial parent

  • How visitation will change as a result of the relocation


After the judge analyzes all of these factors, the judge can make a final decision about the relocation.

If the relocation is approved, modifications will likely need to be made for visitation.

Modifications After Relocating

The most common way that the custody agreement would change after the custodial parent relocates is by offering the non-custodial parent longer visitation times. This means that the non-custodial parent will see the child less frequently, but they will have longer visits.

For example: changing the agreement from visitation every weekend to two full weeks of visitation at a time.

Considering A Move?

If you are the primary custodial parent for your child and are considering relocation, it is important to think about the many factors involved.

Relocation cases are complicated, and it is best that you speak with an experienced child custody attorney. At Bush & Taylor, P.C., we can help you determine your next best steps.

Give us a call today at (757) 926-0078 to get started on your custody modification request.

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