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Do I have to have permission to move with my child after divorce?

New Hampshire parents are rightfully concerned with the well-being and stability of their children after a divorce is final. The changes brought about at the end of a marriage can significantly impact the youngest members of the family, and parents understandably want to minimize disruption in their lives.

As part of your post-divorce life, you may find that it is in your best interests to move, perhaps for a job or to be near family. You may believe that relocation is in the best interests of your child, but no matter the reason for the proposed move, it is not always easy to do this if your custody or visitation order is already final. 

What can you do as the custodial parent?

If you are the custodial parent, or the parent with the majority of the parenting time, there are certain things you may have to do in order to get the permission necessary to relocate with a child. Moving your child away from the other biological parent will impact an important relationship in the child's life, which is something courts take very seriously. 

Some of the reasons for possibly relocating with a child after a divorce is final include the following:

  • You want to be near family members who can help with child-raising responsibilities.
  • There are better job opportunities available somewhere else.
  • It is in the child's best interests to relocate to another city or state.
  • Your continuing education requires that you relocate.

The parent that chooses to relocate will likely have to present a proposed visitation plan that considers how the non-custodial parent can continue his or her visitation schedule with the child. You will find it beneficial to remember that the other parent has the right to contest the move, and courts often agree it is best for a child to have strong relationships with both parents after divorce. 

The post-divorce future you deserve

You will find life continues to change after a divorce is final, and it is possible those changes may include reasons to move to another location. If this is the case for you, you will find it helpful to have guidance as you pursue your goals

Relocation and other issues that impact custody and visitation are complex and difficult to navigate, especially when the other parent does not see eye to eye with you. In these situations, it is prudent to have a full understanding of your rights before you move forward.

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