Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Mississippi, parental relocation is governed by state statutes and case law that consider the best interests of the child as the paramount concern. When a parent with custody wishes to relocate with a child, they must adhere to any geographic restrictions outlined in their child custody agreement or court order. These restrictions are typically put in place to ensure that the child maintains a stable relationship with both parents. If a parent wishes to move beyond these restrictions, they must either obtain the consent of the other parent or file a motion with the court to modify the existing custody order. The court will then evaluate the request based on factors such as the reason for the move, the potential impact on the child's relationship with both parents, and how the move would affect the child's well-being. If the court finds that the relocation is in the best interests of the child, it may allow the move, potentially with adjustments to the custody and visitation arrangements to maintain the child's relationship with the non-relocating parent.