Moving out of State with your Children
Many parents finalizing their divorce look forward to a fresh start. That fresh start often involves moving away from the former marital residence. Although the residential parent can move out of the residence (either after the divorce or during, if appropriate), such move can't be as to impede the other parent's visitation rights. Unless your Judgment for Dissolution of Marriage provides otherwise, you can't move out of state with your minor children without either 1) the other parent's agreement or 2) permission from the Court. If you want to move out of state with your children and the other parent does not want to agree, you may petition the court for removal. You will then have to show, among other things, that the move is in the best interest of the children and that you will still be able to facilitate a normal relationship and visitation between the children and the other parent. There are many different sub-factors that go into showing the Court that it's in your children's best interest to move and we can help you dissect those and present them to the court. The issue of removal can be very complicated and if you are in a situation where you need to move with your children, but the other parent doesn't want to allow for that, call our office for a free consultation.