As a family law attorney, the number one thing a parent asks me when they are going through a divorce or breakup from the other parent is can I move with my child or children to another state?
My answer is, it depends. If the other parent will consent to it and you can get it in writing, then yes. If the other parent does not consent you must go to the Court. When I say go to the Court, what I mean is file a motion asking the Court to grant you the right to remove/relocate your child or children to the new state.
To have a successful application you really should get an attorney. I have successfully tried many relocation motions in varies courts for states all of the US. You have to show the Court that it is in your child’s best interest to move with you to the new state. To aid the Court in this decision there are 14 factors the Court must consider and a good attorney will provide ample evidence to prove.
In some cases and expert may need to be retained especially if your relocation motion is asking that custody of the child or children be given to you along with the right to relocate. Experts can be expensive so it is important to have an attorney that knows when it is really needed.
A relocation motion always has a plenary hearing or what I refer to as a trial on the motion. Testimony will be presented by both sides as well as all evidence. Only after the Court has heard all testimony and received all evidence will he or she render their decision.
If you are considering relocating with your child(ren) to another state, please contact my office to discuss your rights and next steps to ensure you do it lawfully.
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