My Ex Wants to Move Away With My Child. What Should I Do?

picture of family torn

There are few legal matters more stressful and heart-wrenching than those involving child custody. One of the more complex custody-related matters is move-away cases. When one parent wants to move out of state with their child, rather obviously, it will likely impact the current custody agreement. For this reason, whether you’re looking to move out of state with your child or you oppose your ex moving away, you must continue reading and reach out to an experienced Memphis, Tennessee relocation lawyer to learn more about move-away cases and how an attorney can help preserve the best interests of your child.

Will the court let my ex move away with my child?

Courts consider various factors when determining whether a parent can move out of state with their child. To start, they’ll consider the custody agreement. If one parent has sole physical and legal custody of their child, likely, moving out of state is not an issue. However, if both parents share custody, it may become a more complicated matter, especially if one parent opposes the move. In the case where one parent doesn’t get permission from the other custodial parent to move away, they will need to get permission from the court. Some of the factors that courts will consider are as follows:

  • The parent’s reasoning for moving away with the child
  • The other parent’s reasoning for opposing the move
  • Whether the move will ultimately benefit the child’s best interests

Just as with child custody cases, relocation cases primarily center on the child’s best interests. If the court believes that a move wouldn’t work in a child’s best interests, it likely won’t grant it. For example, if a parent is moving away with their child so they can get a better education, courts may see that as a valid reason to do so. Additionally, if a parent gets a higher-paying job that requires them to move out of state, but would benefit the child financially, they may also grant the move. However, simply moving away because a parent wants a change of scenery likely won’t be enough to convince the courts that the move would work in the child’s best interests.

If you are currently facing a move-away case and need an attorney to assess your situation and represent you, please don’t hesitate to speak with our dedicated legal team. Rice Law is here to fight for you and the best interests of your child. All you need to do is pick up the phone and give us a call.


If you require strong legal representation for matters of divorce and family law in Memphis or anywhere in Tennessee, contact Rice Law to schedule a consultation with one of our experienced attorneys today.