If you are planning to relocate with your child, then you need to let your spouse and possibly file court documents, depending on your situation. Obviously, the logistics of this also depend on where you are in the divorce process. Most moves come after the divorce, since spouses may get job offers or have a desire to move to a location that is closer to family. It also depends on where you are planning to move. A move to a different part of town, which in turn requires your child or children to attend a different school, will be very important, and the same is true if you are planning to move to a different city, state, or even country, and whether this move is temporary or permanent.
If you are in the middle of a divorce and your intention is to move, then you need to communicate this to your spouse and it needs to be reflected in the parenting plan. This should not be something you simply keep to yourself and then spring on your spouse at the last moment with the news in hopes that your spouse will be unable to do anything once the divorce is finalized. This strategy could backfire and is not best practices in any case.
This move, no matter where it is or for how long it is, needs to be stated in the parenting plan. Remember, the judge is going to ask what is in the best interests of the child to help determine whether your parenting plan should be approved. Normally, judges are sympathetic to parent’s who can show that there is going to either be a greater financial opportunity by making a move or by showing that the children will thrive and be happier by making this move to a new location. If you’re moving just to get away from your spouse, or moving just to get to a warmer climate, it is unlikely the judge will look as favorably on this attempt and may deny your motion to move with your child or children.
If your divorce is final and some time has passed since your divorce and you want to relocate, then there are some important procedural steps you need to take. This is assuming of course that your spouse simply won’t agree to the move. Assuming the move is not agreed to, you have two options. The first is to suggest to your spouse that you meet with a mediator to see if a mediator can offer some insight and can help negotiate a deal on the move. If your spouse will not agree to this, which is their right to do, then your only option is to go to court and have a judge sign an order, or not, granting you permission to move. Whichever option you go with, you want to do this before you move, not after.
If you have to go to court to get a court order from a judge, this could be a lengthy process. First, you’ll have to go to court and file the appropriate documents, which is called a notice of intent to relocate, and then you’ll have to serve these documents on your spouse, just like you would with a divorce. There is normally then a chance for your spouse to respond and eventually a court hearing in front of a judge, with each side making oral arguments before the judge finally, after reading and listening to all arguments, makes a decision on whether to grant or deny your motion to move away.
