Relocation After Divorce and Impacts on Child Custody

Once parties obtain a judgment of absolute divorce which incorporates a child custody schedule, a custodial parent may face some challenges if they want to relocate to a new location. Usually there will be a ninety (90) day notice provision that the court allows in a custody agreement that the relocating party must give to the other parent of their intention to move. The relocating party must follow each step set out in the parties’ custody order for said notification to be given. If the noncustodial parent agrees, then there would not be a need for any court intervention. If the noncustodial parent does not provide their consent, then you will need to obtain the court’s intervention and prove to the court why it is in your child’s best interest to relocate them. The relocating party will have to provide evidence as to their child’s standard of living, access to family and friends, educational opportunities, and their bond with each parent in considering whether to grant the relocation or whether to keep the custodial arrangements as is.

Before you move, it is best that you consult with an attorney and weigh your options especially if the noncustodial parent objects to the relocation. Please call us at (443) 741-2567 and we would be happy to answer all of your questions.