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Can I move to another state if I have custody?

Anytime a parent wants to move to another state, either during or after the divorce, they need the court’s approval in the form of a change of domicile and it takes time for the court to process those requests. You can’t file a motion for change of domicile in August and expect to take the kids with you in September unless the other parent consents. The court will do an analysis of what’s right for the kids and the effect on the other parent’s relationship with the children, as well as the costs of the children having to travel.

There are a number of factors the court will look at in deciding whether or not to go along with this move, and the way it is presented is very important, as is how it is defended if you’re trying to stop the other parent from moving. These are very serious matters that take time to process through the court, so as soon as a party knows they might move, they should to consult a good attorney to help them with that issue.

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