Moving & Child Custody: 3 Situations When Your Request May Be Granted

If you're the custodial parent of a child and would like to move out of the state that the non-custodial parent lives in, you may be facing an uphill battle. Unfortunately, there are only a few circumstances where judges will allow this, as your child's connection to both parents is important. The three situations highlighted below, however, may be enough for a request approval, if you go about your request in the right way.  

1. You'd Like to Move Closer to Family for Support

If you're currently living in a state with little to no family support around, you may be struggling to raise your child on your own. If this is the case, you may be able to get your move request removed.

It's important – for you and your child – that you have the proper supports in place when it comes to child rearing. If your current location lacks that support, and if you can prove that the move will be in your child's best interests, the courts may allow it, with certain stipulations. For example, if your child's other parent isn't majorly involved in your child's life, even if they do have some kind of visitation, the judge may allow a move, but only if you offer to pay travel expenses for your child to visit their other parent. It's important that you're willing to be flexible when making your requests. Offering to pay for travel, allowing for continual contact over the phone and through video messaging, and offering ample visitation time in the summer and on school breaks can show the courts that you've thought about your child's best interests and are willing to go the extra mile to make your relocation work.

2. You're Unable to Find Employment in Current Location

It's not enough to receive a job offer in another state. You'll likely also have to prove that you've tried finding employment in your current location and that any job offers out of state are stable and will improve your child's quality of life.

How long have you been looking for work in your current location? Have you turned down any local job offers, and why? Would the job in the new location improve your child's quality of life? Before preparing the request, it's important to know the answers to these questions and more. A judge can rule against your request if you haven't put in a good amount of effort in local employment searches or if the job would mean that your child would suffer in some way.

3. You Cannot Meet Your Child's Needs In Current Location

If your child requires special medical or educational accommodations, you may be able to request a move to the new location, but be prepared to provide the courts with your reasoning.

For example, if your child has a medical condition that requires specialized treatment, and if this treatment can only be gotten in another location, this may be enough for the courts to approve your request. The same can be said for education programs for children with extreme needs. If either of those is the case, you'll need to provide a lot of documentation to back what you're saying, such as statements from doctors, therapists, or educational professionals.

If you're facing any of the three situations above and fear that your request to move with your child could be denied, it's time to call in the help of a family law attorney. Share