You may be able to move and relocate with your child after you get divorced. But exactly how you do so depends on a variety of factors, including the distance of the move and how it will affect your coparent’s child custody rights.
For example, parents often have to move after they split up because they sell the marital home. Moving within the same geographical region should not pose a problem. If both parents have physical child custody rights, they can still make exchanges, even if they live 10 miles apart.
The issues often come up when someone wants to move a greater distance, such as to another state.
Modifications for a major relocation
When one parent wants to significantly relocate, they may need to ask for the child custody order to be modified. If that parent simply moves with the kids, it could infringe on their ex’s rights, as that person is no longer able to spend parenting time with their own children. Sticking to the exchange schedule may be impossible if they now live hours apart.
When asking for a modification, parents may be obligated to provide their reasons for the move. Courts are often looking for things that are in the child’s best interests or show that there is an authentic reason to move, rather than just trying to infringe on the other person’s rights. Examples include furthering one’s education, taking a job offer, seeking a more affordable living situation or moving closer to extended family members.
The most important thing is to modify the custody order prior to moving. It is critical to know exactly what legal steps to take to respect everyone’s parental rights and help the process go smoothly for the child.
