Kids are “dependent” in every sense of the word. They need the love and support of both their parents and those around them. The law and the court system do everything possible to support them also. This is why virtually every legal issue involving children prioritizes the “best interests of the child.”
If you are divorced or otherwise under a child custody court order, your ability to move out of state with the children is restricted. Regardless whether you are a mother or a father, the courts want you and your children to have a strong relationship. Your spouse cannot simply move your child further away from you and make your visitation more difficult. (If you are not a custodial parent, of course, you may move without the child, without anyone’s permission).
If You Are a Custodial Parent
If you are a custodial parent you must have a good reason to move with the child. This may be a job offer, family, or a new relationship. This may mean more financial resources for the child, greater child-care options, a more secure home. We will emphasize this to the court.
You must give adequate notice to the other parent. You may be moving outside the jurisdiction of the court that issued your custody order and will require modification of that order and authorization to move. Objection by the other parent will affect the judge’s decision. You will want to specify to the court how you will mitigate the other parent’s difficulty in seeing the child, and propose an acceptable visitation plan.