When a custodial parent wants to relocate with a child, they typically must get court approval or the other parent's consent. Courts evaluate whether the move serves the child's best interests.
11 steps across 2 sections
1. Steps Process
- Review your custody order — Check for relocation provisions. Some orders require specific notice periods or distance thresholds.
- Notify the other parent — Most states require written notice 30-90 days before a proposed move. Include: proposed location, reason for move, proposed modified custody/visitation schedule.
- Attempt agreement — Try to negotiate a modified arrangement directly or through mediation.
- File a motion — If no agreement, file a motion to modify custody/permit relocation with the court.
- Court hearing — The court evaluates: reason for move, impact on child's relationship with other parent, child's ties to current community, quality of life improvement, and proposed visitation plan.
- Court decision — Judge approves or denies the relocation and modifies custody/visitation accordingly.
2. Key Details
- "Material change in circumstances" required for custody modification in most states
- Courts prioritize the child's best interest, not the parent's convenience
- The relocating parent typically bears the burden of proof
- Transportation costs for visitation may be allocated by the court
- Relocation without permission or court order can result in contempt, custody loss, or criminal charges
Common Mistakes
- Moving without notifying the other parent or getting court approval
- Not proposing a realistic modified visitation schedule
- Underestimating how seriously courts take relocation cases
Pro Tips
- Hire a family law attorney experienced in relocation cases
- Propose a generous visitation schedule to demonstrate good faith
- Document how the move benefits the child (better school, family support, job ...
- Consider the other parent's perspective and be willing to compromise