Following a divorce, there may be many reasons that you would want to move with your child as the custodial parent. If your ex has partial custody, however, you may wonder if he or she can prevent you from moving.
The truth is that the court will base the decision on a case by case basis and there is no “one size fits all” solution.
The best interests of your child
To be able to move with your child, the court will consider the best interests of your child, including their relationship with the other parent. If your move is due to factors that will provide a better life for you and your child, the courts are more likely to grant it. If you simply wish to sever the relationship your child has with the other parent for revenge, though, the courts may certainly deny the request.
Some valid reasons for initiating a move include:
- Continuing your education
- Moving closer to your family
- Beginning a new job or taking a promotion
- Moving to establish a better cost of living
Your ex can prevent the move in some cases
According to FindLaw, your ex can technically stop you from moving away with your child if you both share custody. For this to stand, he or she must show that moving away would not be in the best interest of the child. To circumvent this, you could file for sole custody of your child, based on the move. Be aware, however, that your ex can also file for full custody based on the same factors.
If your ex is otherwise an absent parent or does not communicate with your child, it is not likely that the courts will entertain his or her objection to your move.