Should You Relocate With Kids When Filing For a West Virginia Divorce?

Parents that file for divorce or in the middle of a West Virginia divorce sometimes will think about relocating to another State.  Sometimes people just want to move to just move away and sometimes it is for more important reasons. Those parents sometimes will wonder if it’s alright to do so. The general answer whether one should move away with the children shortly before filing your petition or after you file your petition for divorce, is generally no. With some exceptions, most people should not relocate and move somewhere else in the middle of the divorce.

For example, let’s say the parents getting divorced involves one of the parents staying and living in the former marital home. The children primarily reside with that parent staying in a marital home under those circumstances. The reason is because it’s probably not a good idea to move far away to take the kids out of school even though you’re not necessarily court ordered to remain in the house. The reason for that is oftentimes prior to being a final divorce order, the courts have a preference for keeping the children in the same area in which they’ve grown up and have lived. Relocating with children during the divorce process could be a disadvantage when it comes to parenting. However, limited instances do exist when it is in the best interest of someone to relocate.

One example where one may choose to relocate and feel in the best interest to do so, would be not getting the financial help needed and have no other alternatives but to move out of state. Some other limited instances might be acceptable to relocate with children prior to the temporary hearing. The key is to know whether it’s going to be in the best interest of the children and affect the overall parenting as well. Moving out of state can severely impact the parenting of the children.

Most of the times during and after the divorce, it’s impractical for the most part for parents to be in different states. It’s always a good idea to talk to an attorney prior to doing such a bold thing as relocating far away from your ex. If parents are divorcing and moving across town, that’s not going to be unreasonable. However, moving to a different state during and after the divorce process can be difficult for the parents of the children and most importantly, the children overall.unnamed (3).png