If you are divorced or have a child our of wedlock with your Ex, the situation could arise where you might want to leave the state with your child in order to obtain employment in another state. This is one situation that is always based on a case by case scenario and what’s already been established in your previous child custody order, but can really be a hard if the other parent is objecting to such a move. When objected you will have to have burden of proof that shows that your child will be better off where you are going.
Lots of Factors to Think About
One of the biggest things that will affect whether or not you can leave the state that you live in with your child are state laws. State laws can drastically vary by state so depending on where you live it could be hard or easy to move to another state.
Distance of Move
Another thing that you should consider is how far away you are moving. If you are moving within 150 miles of your home, it is going to be easier to move then if you are planning on moving further away. Thinking about how the child will be able to see the other parent on a regular basis will be important when you are planning a move.
Ensuring that the other parent has liberal visitation is also important when you are moving. Making sure that you present a schedule that is going to accommodate the other parent’s visitation is important. Prepare to give up a considerable amount of your time with your child when they are not in school as they are likely going to be with the other parent the majority of the time. If your child is not school aged, then it might work for them to be able to spend periods of one month at a time with each parent. Holidays and school breaks are also things that you will need to think about.
Quality of Life
Another thing that you will want to do is make sure that you are improving your child’s quality of life. This means that you are going to prove that your child has a top education and that they are going to be able to do the things that they did where you are currently living. Sports schedules, extra-curricular activities, and the school’s overall rating is very important.
Steps You Need to Take
There are many steps that you need to take to be able to move with your child to another state. The following is a list of the steps that you should take to ensure that you will be able to move as you wish.
Step 1 – Get a Job
The first thing that you are going to need is a job offer. Make sure that you are applying for the right type of jobs that will be careers. If the job is one that you can find where you live, then there is no reason for you to move anywhere else. Finding a government job is one thing that you might want to consider.
Step 2 – Talk to Your Child’s Other Parent
The next step that you should take is that you want to make sure that you are talking with your child’s other parent. If you can get the other parent on board and you can agree to terms for the move, then it is going to work out best for the both of you. If you can’t get them on board it could end up in a full trial.
Step 3 – Talk to a Legal Professional
If the other parent is not on board, then you will likely end up going to trial before you can remove the child from the state that you are currently living in. If the other parent is on board, the attorney will only be needed for paperwork that will need to be signed by a judge. Depending on if you go to trial this can be something that does not cost much or something that ends up costing a lot, so make sure that you are evaluating all options to stay in the state with child if the other parent is opposed.
Even though living in the same state as your child’s other parent is typically ideal, there are many factors that might be in play where your child would be moved out of state. If you are considering moving your child, there are a lot of things that could factor into a judge’s decision on what would be best for your children.