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Will you lose custody of your children when you relocate?

On Behalf of | Feb 20, 2023 | Divorce |

You may have found a new job opportunity in a different state but share custody of the children with your co-parent. As the primary custodian, you may be worried that your relocation will mean giving up primary custody of your children.

Your concerns are not baseless since moving with the children to a different state may prevent the other parent from accessing them. However, your relocation does not automatically translate to giving up custody of the children, as discussed below.

The children’s best interests always come first

Look at the children’s best interests. What impact will your relocation have on the children? Will a change in the environment affect the children’s overall well-being? Are they better off with or without the move?

When your co-parent objects to the move, you must seek the court’s permission to relocate. Some of the factors the court will consider before issuing a judgment include:

  • The reason for the move
  • The distance involved
  • The impact on the child’s relationship with the non-custodial parent
  • The effect of relocation on the child’s education and social life
  • The ability of the non-custodial parent to maintain a relationship with the child

The court will also consider the submissions by your co-parent on why they oppose the move.

Protect your parental rights

If you intend to relocate with the children out of state, it helps to have proper legal guidance. There are things you must adhere to, such as providing appropriate notice to your co-parent, not to mention the legal procedures involved. A relocation bid with the children is not always smooth, especially when you cannot agree with your co-parent, and it helps to be well-prepared.