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 New Mexico, parental relocation involves a parent wishing to move to a different city or state with their child, which can affect existing child custody arrangements. These arrangements are typically part of a court order, such as a divorce decree or a separate child custody and support order. When a parent seeks to relocate for reasons like employment, education, or family support, they must consider any geographic restrictions imposed by the custody agreement or court order, which are intended to maintain both parents' active involvement in the child's life. To modify these restrictions, the relocating parent must either reach an agreement with the other parent or file a motion in court to alter the custody order. If the parents cannot agree, the court will decide on the relocation request based on the child's best interests, taking into account factors such as the child's needs, the impact on the child's relationship with both parents, and the reasons for the proposed move.