It should go without saying, but if you are getting a divorce and intend to leave the state with your children afterward, that’s something that you should discuss with your spouse. Unless the court decides otherwise, your spouse has parental rights and is able to see your children. As a biological parent, they share the same rights and responsibilities as you do.

If you decide that living in New York isn’t possible after your divorce, you may want to move with your kids. Doing this can be trickier than you think, though, because both parents usually have a right to see their children. With one parent living far away from the other, it may be difficult to set up appropriate custody schedules,

What do you do if you want to move with your kids after your divorce?

To start with, you should talk to your spouse. Explain why you want to move, how the move will benefit you and your children and have an honest discussion. If they don’t want you to take your children out of the state, you may be able to negotiate a move within the state. If that won’t work, then you may want to put together a case for the judge, showing why this is an essential move and a positive change for your kids.

Having family out of state, a good support system, better schools and other benefits for your children will make it more likely for a judge to agree to a move after your divorce. However, you should be prepared to have the judge deny your request to move out of state with your children, too. Your attorney can talk to you more about what to do if that happens in your case.