Moving is not necessarily impossible for co-parents, but it can be a complex situation. Relocation is not as easy as it was before they were married or before they had children. Post-split, parents may share custody rights. Those rights still have to be respected, and the custody order has to be followed.
If moving is going to violate a family’s custody order, such as when one parent wants to relocate far enough away that they will not be able to make exchanges on the predetermined custody schedule, then a modification of that order may be required. Parents should never just take the children and move, violating the court order and their ex’s parental rights.
Will the court approve a modification?
If you are hoping to relocate with your child, in general, courts will work with you to appropriately modify the arrangement. But they may ask you for good-faith reasons for the move and the requested modification, just to make sure that you are not doing it only to keep your former spouse from seeing their children.
There are many potential reasons why the relocation could be beneficial, both for you and your child. Examples include taking a new job that will increase your standard of living, looking for a more affordable housing situation or even going back to school to further your education. In many cases, divorced parents want to move closer to extended family members to help care for their children.
No matter what your specific reasons are, the key is always to focus on taking the proper legal steps to obtain the modification in advance. Make sure you understand exactly what legal requirements you face to ensure that this process goes smoothly. Seeking legal guidance can help.
