Can I Move Out of State With My Child?

Relocation is one of the hardest custody issues, because a long-distance move inevitably changes the child's relationship with one parent.

Check your order first

Many custody orders and parenting plans include relocation clauses: notice periods, distance limits, or a requirement of consent or court approval. Follow them.

State notice requirements

Many states require the relocating parent to give the other parent written notice, often 30 to 90 days before the move, with details such as the new address and a proposed new schedule. The other parent can then object in court.

If the other parent agrees

Put the agreement in writing, including a new parenting schedule and transportation arrangements, and submit it to the court so it becomes an enforceable order.

If the other parent objects

The court decides, usually based on the child's best interests (Cornell LII). Common factors:

• The reason for the move (a job, family support, remarriage, a safer environment) and the reason for objecting
• The child's relationship with each parent
• The child's age, needs and preferences
• Effects on schooling and community ties
• Whether a realistic long-distance schedule can preserve the other parent's relationship
• Any history of domestic violence

Some states place the burden on the relocating parent; others presume a primary custodial parent may relocate for a good-faith reason.

Moving without permission

Moving a child in violation of an order can lead to contempt, an order to return the child, and a change of custody. Courts in the new state generally must honor the existing order (28 U.S.C. 1738A). Taking a child outside the US to obstruct the other parent's custody rights can be a federal crime (18 U.S.C. 1204).

Before any order exists

If no custody order exists yet, moving can still affect jurisdiction and how a court views your judgment. The child's home state is usually where the child lived for the last six months.

Steps

1. Read your order.
2. Give proper notice.
3. Propose a detailed long-distance plan.
4. Get agreement or file a motion before moving.

A family lawyer can explain your state's relocation statute. See also how to modify a custody order.

Sources

1. Cornell Law School LII: Child custody
2. Cornell Law School LII: 28 U.S.C. 1738A, Full faith and credit given to child custody determinations
3. Cornell Law School LII: 18 U.S.C. 1204, International parental kidnapping