Can you take your child out of state in a divorce?
If your friends ask why you want to move when you divorce, you might say to get away from your spouse. They may think that is a valid reason. However, if you have a child and hope to take them with you, a judge will not. Courts consider that it is in a child’s best interests to have both parents continue to take part in their life after divorce. While there are exceptions to this, they are few. If you wish to move from the area with your child, you will need primary physical custody. That is to say, the child will live with you, and the other parent will have visitation rights. Yet, the other parent might want to share physical custody and have the child spend a few nights with them every week. If you move a thousand miles away, this will not be possible. If you cannot reach a consensus, you need to persuade the court why they should let you move.