If you are involved in a child custody agreement and have physical custody of your child, you will need to go before a family law judge if you wish to relocate with your child. Why? The other parent's concerns must be taken into account along with yours. In order for you to receive a green light for relocation, you will need to have the judge approve your request.
When you appear in front of a family law judge to request parental relocation, you will need to present your case, including the reasons why you are making the request. You simply cannot pack up and move to another state when you are involved in a child custody agreement with the other parent of your children.
The judge will take all of the following into consideration before making a decision about parental relocation:
- The relationship the child has with both parents
- The reason you have requested to relocate
- Reasons the non-relocating parent would not want you to relocate with the child
- The impact relocating with the child would have on their overall life and well-being
- Hardships that the non-relocating parent might face if relocation was to be granted (visitation, custody, etc)
If you are requesting relocation due to a promotion or new job, the judge will likely approve your request if there are no other issues present. If you are requesting relocation simply because you want to get away from the other parent or are getting remarried, your request could very well be denied.
Parental relocation is an important part of all child custody agreements. Parents are not allowed to simply up and move to a new state with their child if involved in such an agreement. It's perfectly fine to move to a new residence in the same zip code, county or state though.