Brian D. Perskin & Associates
Divorce and Relocation: A Deep Dive

divorce relocation

Relocating after a divorce is not an easy decision, especially if you have children. You might want to move as far away from where you made your marital home to begin anew, but it’s not always that simple. While relocating for a new job and looking for a fresh start elsewhere is understandable, you need to take a closer look at relocating after a divorce before making a final decision. Today, we will discuss the consequences of relocation after divorce and what you need to take into consideration to make this transition.

Do You Have Children?

If you have children, relocating after divorce might not be the best option for you at this time, especially if you have custody of your kids. You will need to seek the approval of the other parent before relocating, especially if you are leaving the State of New York. Relocating within the same state is less of an issue, but it still requires permission and a mutual agreement between parents. You will need to seek approval from the court that issued your custody agreement before moving to a new state.

Reasons to Relocate After Divorce

relocation after divorceThe most common reason to relocate following a divorce is due to a new job offer. The court will likely not force you to turn down a job offer because the other parent does not want you to move to a new area with your children. Another reason you might want to relocate after a divorce is remarriage. Remarriage alone might not be a sufficient reason for the court to grant your request for relocation. You will need to show the court that it is in your children’s best interests to relocate, including better family life, improved financial situation, increased support, and an overall positive change for your family.

A Clear Parenting Plan Is a Must

Presenting a clear parenting plan to the court is a must if you want them to approve your relocation request. Weekly visits with the other parent will no longer be viable if you relocate a considerable distance away. Therefore, you have to construct a parenting plan that demonstrates your commitment to keeping your children in contact with their other parent.

Your parenting plan should include the ability for the other parent to communicate with the kids via technology as often as possible, including text messages, video chat, emails, and phone calls. You will also need to schedule lengthy visits within your parenting plan. These extended visits are fitting for winter and summer break. Also, make it known that you will keep the other parent informed about the children’s school performance, health status, and extracurricular involvement.

Want to Relocate After a Divorce? Speak to an Attorney First

If you plan to explore relocation after finalizing your divorce, you need to consult with an experienced and professional family law attorney before making a decision. The attorneys at Brian D. Perskin & Associates P.C. can help you navigate the complex process of relocation after divorce so that you retain your rights to child custody. Call us today at 877-826-7257 to schedule a free confidential consultation.