Can I Leave the Country if I Have Full Custody?

 Posted on May 18, 2025 in Child Custody

If you have full custody of your child after a divorce or separation, you may be wondering whether you are allowed to move abroad. Maybe you are considering a return to your home country, an international job opportunity, or simply a fresh start. But even with full custody, leaving the United States with your child is not always as simple as it sounds.

Our Dane County, WI family law attorney represents parents in high-stakes custody disputes, including those involving international relocation. With a firm, strategic approach, we fight for your right to build the life you want with your child, no matter where that may be.

Does Having Full Custody Mean You Can Leave the Country?

"Full custody" usually refers to having sole legal custody, sole physical custody, or both. But even if you have full decision-making power, most court orders still require you to notify or get permission from the court — or from the other parent — before moving your child to another country.

Relocating a child across international borders without the proper legal approvals can result in serious consequences, including contempt of court or accusations of parental abduction. That is why it is so important to get legal clearance first.

How Can You Get Permission to Move Abroad with Your Child?

You will likely need to file a request with the court asking for permission to relocate internationally. The court will look at a number of factors when deciding whether to grant your request:

• Whether the move is in the child’s best interests

• The reasons for the move

• The effect on the child’s relationship with the other parent

• The child’s adjustment to school, home, and community

• Any prior history of conflict between the parents

• How much time the child has previously spent in the country to which you want to move

If the other parent objects, you may need to present evidence showing that the move will provide better opportunities or greater stability for the child.

What If You Are in an International Marriage?

Many relocation requests come from young adults in international or intercultural marriages. Perhaps you came to the U.S. on a student visa or work visa, married an American citizen, and now want to return home after the relationship has ended. These cases are often emotionally and legally complex, and they require aggressive, detail-oriented representation.

Our firm is known for its tenacious approach. We understand how to gather evidence, present a compelling argument in court, and assert your parental rights without hesitation.

Contact a Rock County, WI Child Custody Lawyer

If you are considering an international move and have full custody of your child, contact a Dane County, WI child custody attorney at John T. Fields & Associates, LLC to schedule a consultation. Our firm handles tough custody cases with a focus on winning results for parents who want to live life on their terms. Call 608-729-3590 today to get started.