Relocation After Divorce

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The issue of moving children out of state either before or after your marriage ends is such a hot button that the federal government has drafted legislation to address it. The Uniform Child Custody Jurisdiction and Enforcement Act regulates which state has jurisdiction over custody issues if a child moves. States have their own individual laws as well. The Laws Some states specifically prohibit moving your child across state lines and others base their laws on geographic distance. In either case, you must either have the written consent of the other parent or file a motion asking the court to allow you to move. Generally, you would have the burden of proof to convince the court that your child will benefit from the move. For example, if he has historically enjoyed visitation with his other parent every weekend, and if you move from New Jersey to California, the move would probably diminish their relationship to a very great extent. Likewise, if your custody arrangement is such that your child only sees his other parent once a month, a long-distance move would have less of an effect on their relationship. Burden of Proof The parent who wants to move generally has the burden of proof to convince a judge that it will benefit the child. This is difficult, but not impossible. If you want to move to Florida because you enjoy the beach, the move benefits you, not your child, and a judge would probably rule against it. You can increase your odds of success if you can show the court how and why your child will be better off after the move. Provide documented information regarding his new school and any social activities that will be available to him. Most judges will require this of you. An offer of membership in our legal plan is not an endorsement or advertisement for any individual attorney. The legal plan is available in most states. Disclaimer: Communications between you and LegalZoom are protected by our but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our.

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