An out-of-state move can result in a much superior situation for children in a divorce, but can also cause numerous issues should the other parent fail to give their consent for a move. The primary concern of a judge is the health and well-being of the child or children and the potential strain it would put on the relationship with the other parent.
Prior to a divorce being filed, you are free to move unless your spouse objects. They can then seek an Order preventing you from taking the children out of the state. While a divorce is in process, moving out of state with children is generally not allowed until custody and visitation schedules are established.
Post-dissolution, you should be able to move out-of-state provided you have sole custody, while any shared custody or visitation will require permission from your former spouse. If you get permission, then the custody order can simply be modified prior to your move.
If the other parent objects to the out-of-state move, then an Order is required from the court prior to the move. Your attorney can help you prepare a petition seeking permission to move and stating that the move is in the best interest of the child or children. It is best to plan far ahead of a move, as you should definitely not take the children out-of-state until all proceedings have been completed. Taking the child without properly ch
anging the custody order can result in a violation of the current order and, in the worst case scenario, parental kidnapping.
What is most important is the health and welfare of the child over the course of the entire scenario. Talk to your attorney about setting up a petition that properly details how the child can maintain a healthy relationship with the other parent. Patience and careful negotiation is key to ensuring a move out-of-state with little to no issue.