Life after divorce involves change. People often experience a reduction in their standard of living. After all, they no longer share household responsibilities and financial obligations with another adult. Both spouses have to maintain independent households with enough space for their shared children.
People working to improve their circumstances after the end of a marriage pursue opportunities outside of Hawaii. They may have family elsewhere or might receive a job offer that could significantly improve the standard of living they can provide for their children. A parent hoping to relocate while subject to a shared custody order may have questions about their rights.
Who must agree that the move is appropriate for a parent to relocate with their children after a divorce?
The other parent
A parent proposing a relocation generally needs to notify the other parent of their plans well before the proposed move. The other parent then has an opportunity to respond. In some cases, parents may be able to negotiate arrangements on their own where they drastically change the division of parenting time to accommodate the massive distance between parental households when one parent moves away from Hawaii. The parent intending to stay in Hawaii might oppose the relocation request because they worry it may damage their relationship with their children. In that situation, the parent proposing the move may need to request a hearing in court.
A family law judge
If a co-parent isn’t supportive of a proposed move, then judicial intervention is likely necessary. Family law judges in Hawaii have the authority to modify custody orders when family circumstances change. If a judge believes that a change is in the best interests of the children, they can adjust the custody order accordingly. Both parents have an opportunity to present evidence explaining why the relocation might be good for the children or could theoretically do more harm than good.
The judge may consider factors, including the standard of living for the children, their proximity to extended family and even the preferences of older children, when making their determination. Judges have the authority to approve relocation requests or to refuse to grant permission to move away with the children.
Modifying a custody order to relocate with the children is potentially an option as parents begin rebuilding after divorce. However, those preparing to make drastic changes to their households while sharing custody of minor children may need to familiarize themselves with state law in order to navigate these goals successfully.