Can I take my children out of state during a divorce?

Child custody battles are often one of the toughest factors when going through a divorce. During this time, spouses may want to separate until the divorce is final. If children are involved, the custodial issues can get complicated as in most cases, traveling outside of the state with your family is not the best idea during the divorce proceedings.

Moving out of state with your children.

If you are considering moving out of state, you may want to reference your divorce decree to see if relocation is outlined anywhere in the documents. These documents may give you the right legal advice you need to make your decision. If you become in contempt with your current agreement, then your decision may have a negative consequence on your request to move.

State child custody laws

It is important to consider the child custody laws of your current residence. Divorce laws in general are variable from state to state. This might be a good reason why hiring a divorce attorney would be helpful to your case. A child custody lawyer should be aware of the state laws and how they are applicable to your situation. Some states, for example, might require a written consent from the other spouse. Knowing the specific statutes of your state might help you get the information you need to legally proceed with your divorce modifications.

If your ex-spouse does not agree to your request, then you may need to be prepared for a custody evaluation in court. The court might contemplate a few factors of your relocation demands including the benefits for the lifestyle of your children. Sometimes moving for a better employment or to be near family members does not necessarily mean that it is best for you children. The other spouse may have an impact on them and taking them away might result in familial conflicts and added stress.

You may also need to be willing to allow for longer durations for visitation times, to support the new schedules, the costs of transportation, and that you are not looking to prohibit communication with your spouse and the children. This is why it would be a good idea to really discuss your options with a divorce lawyer, your spouse and maybe even your children before making a final decision.

How can you get a quick divorce in a different state? Sometimes your spouse may not want to sign the divorce papers, because you are moving on. If you have no kids or property to separate, you may be able to get a faster divorce.

An uncontested divorce in Virginia can be accomplished in 6 to 8 weeks assuming you have met the statutory waiting period (either 6 months if there is a comprehensive settlement agreement resolving all issues or one year if you don’t have an agreement) Since she has already filed for divorce but is not willing to settle, it sounds like its presently a contested case; in which case the court will schedule it for trial in due course. Depending on which county you are in, that process can take up to a year.

This answer pertains to individuals in the state of Virginia.

Answered by:
Richard A. Gray

Location: Fairfax, Virginia
Phone: (703) 218-2338