You Deserve Justice

Making a case for relocation with your child

On Behalf of | Jun 27, 2024 | Child Custody & Support |

Your divorce is final (and maybe has been for a while) and you want to relocate with your child. Your co-parent, however, is deeply opposed to the move. You share custody, so you either need their consent, or you need the court’s permission.

Can you convince the court that you should be permitted to relocate with your child? A lot depends upon your reason or reasons for the move – and your ability to show that the move will, in some way, benefit your child.

Show that your reason for the move isn’t retaliatory

Family courts are sensitive to the fact that some co-parents simply want to punish their ex-partners for ending the marriage or other real or perceived “wrongs.” They may seek to relocate simply because they want to put their child out of their co-parent’s reach, as much as possible.

It’s important to show the court that you’re acting in good faith, so that may mean proposing a visitation schedule that will still allow your co-parent to remain an active part of your child’s life. That could involve extended summer visitation time and a plan for virtual visitation, as well as a willingness to share any travel-related costs that may be part of the arrangements.

Show how your child can benefit from the move

Custody decisions are always made with the best interests of the child in mind. That means it can dramatically improve your odds of successfully winning the right to relocate if you can show how your move will improve your child’s life – not just your own.

Some good possibilities include things like:

  • Relocation would allow you to put your child in a school that can cater to their exceptional abilities or their special needs, and that schools where you are now cannot
  • You’re relocating to pursue higher education or a better career, either of which can lead to economic advantages for your child, and all that entails
  • Relocation would make it possible for you to take advantage of familial support as you raise your child, from grandparents, aunts, uncles, cousins and other close relatives – thereby strengthening the bond your child has with their extended family and providing a deeper sense of belonging and support

Custody and relocations can be fraught with difficulties, and the nuances of the law can be hard to understand without legal guidance that’s tailored to your unique situation.