Commitment, Compassion And Professionalism

Why moving gets complex after divorce

On Behalf of | Sep 11, 2024 | Divorce

Before you get married, you can move whenever you want, and it’s fully up to your discretion. After you get married, you need to communicate with your spouse, but there typically aren’t any limits on you as a couple.

If the two of you have a child and then get divorced, however, this can make moving to a new city or a new state very complicated. After all, you have to consider the child custody order. You can’t move with your children in a way that would violate your ex’s rights by making it impossible for them to see the child.

What the court is concerned about is that parents may move out of spite. They don’t want you to move to a different state just to prevent your ex from seeing the kids, thus breaking off that relationship. This could be seen as a form of parental alienation. As such, you may need to demonstrate a valid reason to move.

Examples of potential reasons

Every case is unique, but some common reasons people give for moving include:

  • Moving closer to extended family members, especially if they can help raise the child
  • Looking for a more affordable living situation that will clearly benefit the child
  • Taking a job that has already been offered in a different location
  • Going back to school or furthering your education

Overall, the court just wants to see that you have a valid reason to move and that the move is going to be beneficial for you and your child rather than it being an attempt to prevent your ex from seeing the kids. But it’s important to take this step in advance and get a child custody modification and a new court order, so be sure you know exactly what legal requirements must be met.