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What if I want to move with my child?

On Behalf of | Feb 2, 2023 | Family Law

Mississippi parents who are sharing custody of a child know how challenging the situation can be. Working together as co-parents to make decisions in the best interests of your child is often complicated.

Additionally, life is full of change, and your circumstances remaining the same throughout the life of your custody order is unlikely. There might come a time when one parent wants to move with the child.

You must get the consent of the other parent

One of the biggest mistakes parents make is assuming they can move without the consent of the other parent. This is not true.

You cannot move with your child without the permission of your co-parent. However, this only applies to major moves that would likely involve a change to the custody schedule. You do not generally need their permission to move two blocks up the street.

What to do when you do not have consent

If your co-parent does not agree with the proposed move, you must file a relocation request with the court. The judge will examine various factors to determine if you can move.

Some of these factors include the regular custody factors based on the best interest of the child standard, such as the stability of each parent’s home environment and the emotional ties of the child to each parent.

Be prepared to explain why you want to move

The court will also examine the reasons for your proposed move. For example, a move back to your hometown to care for a sick parent might be given more weight than a move to live with a new love interest you met online.

However, your co-parent must provide legitimate reasons for disagreeing with the move. Evidence that there is no practical reason to contest the move, but that they are only doing it to make your life difficult, could work in your favor.

Propose new custody solutions

Finally, your chances of a court granting your relocation request increase if you propose a custody arrangement that still maximizes your co-parent’s custody time and allows them to have a meaningful relationship with your child.

Before filing your relocation request, it is best to speak with a custody attorney to learn the best way to approach the situation.