When two divorced parents have a child custody order in place, there may be stipulations in the order about taking the child out of their state of residence. The custody order might expressly allow or prohibit a parent from taking the child out of state or say nothing at all about out-of-state trips.
If a divorced parent wishes to take their child out of state temporarily and there is nothing in the child custody order addressing this issue, the parent may need to obtain consent for the trip from the other parent. It may also be necessary to get permission from a judge for an out-of-state trip and post bond to ensure the child’s return.
Moving out of state with a child permanently is more complicated. If two divorced parents share custody of their child, one parent’s decision to move out of state with the child would effectively change the custody arrangement. In order to move to another state with a child, a divorced parent needs to request a modification of the child custody order. When one parent has physical custody and the other parent has visitation, moving out of state does not require a modification of the custody order. However, the parent with physical custody must convince a judge that they are making the move in good faith and not simply to prevent visitation.
When two parents are going through a divorce, one parent may fear that the other parent will try to move out of state with the child. A parent who is concerned about this issue may want to talk to a lawyer about taking legal actions to prevent their spouse from relocating without their permission.
