8 Factors That Determine If Children Can Be Moved Out of State After a Divorce

When your divorce is final, you may breathe a sigh of relief that the ordeal is finally over. However, if you have children with your spouse, you may find that problems arise later that you must resolve   relocating after a divorcetogether or need a determination by a judge. Relocating after a divorce is a significant issue when there are children involved. Even if you experience a job loss, remarry, or have a legitimate reason to move, your spouse may not agree to your children being taken out of the area or out of state.

Obtaining Permission to Move Your Children Out of State

In order to move your children out of state after your divorce, you will need to obtain the permission of your spouse or the judge in the Family Court that decided your divorce. If your spouse is fighting your move, you will need to file a motion and attend a court hearing. The judge’s decision will be based on the best interests of your children and not whether you have a compelling reason to move. Under Rhode Island law, the following factors are considered in deciding if the move is in your children’s best interests:

  • The nature of the children’s relationships with each parent—both quality and extent of involvement—and significant others like grandparents and extended family members
  • The age and needs of the children and how the proposed move would affect their emotional, physical, and educational well-being
  • How the relocation would affect the children’s relationship with the non-custodial parent and how visitation would be arranged
  • What the children’s preferences are if they are old enough and mature enough to have a reasonable opinion on this
  • Whether the move is being proposed to hurt the non-custodial parent’s relationship with the children
  • Whether the children’s quality of life would be improved financially and emotionally if they move
  • Why the parent wants to relocate and the reasons the non-custodial parent is opposing the move
  • Any other factors that show relocating would be in the best interests of the children

Our Providence Area Family and Custody Attorneys Can Help

Following a divorce, if you are considering a move out of state with your children, and your spouse opposes this move, our experienced family law attorneys are here to answer your questions and help you obtain permission to relocate. Call us at 888-591-9976 to schedule a no-obligation consultation.