Moving with children is always complicated, even for married couples. But for divorced couples, there are some additional hurdles that have to be considered.
Primarily, the court will have issued a child custody order when finalizing the divorce. This specifies how much physical custody time each parent gets and when they make the custody exchanges.
A significant relocation could make it impossible to abide by the regulations laid out in this order. Just moving to a different house that is 20 minutes away may not change anything, but moving to a different city or state—which may be hours away—means that exchanges will become impossible.
Why you must seek a modification
The important thing is not to move, especially with the children, as long as that custody order stands. If you take the children and your ex cannot see them at the predetermined times, you are now violating their custody rights.
In order to relocate, you may need to first seek a modification of the order. Once the new order has been issued, you will then be free to move.
One key detail that the court may ask for when you petition for the modification is why you are moving. They are looking for good-faith reasons, such as taking a job, finding a lower cost of living, moving near extended family members or taking other steps that will improve the child’s standard of living.
Legal custody issues
Relocation is just one potential issue that can arise when two parents share custody after divorce. While navigating this process, it is important to know what legal steps to take.