Relocating after a divorce can get complicated for parents if they share custody of their children. Deciding to move means that parents have to consider not only what is best for them, but also what is in the child’s best interests and how the move affects the other parent’s rights as defined by their custody order.
As a general rule, a major relocation may require a modification of that custody order. Parents should never move in a way that is going to violate the order.
For instance, if a parent is just moving within the same city or local area, it is likely not a problem, and they can continue exchanges on the same schedule. But if they are moving to a different state, making those exchanges impossible, then they likely need to modify the order first.
Providing reasons to move
When petitioning the court for a modification, it will want to see that there is a valid reason for the move and that the parent is not just relocating in an effort to infringe on the other co-parent’s custody rights. Some potential examples of reasons include:
- Moving closer to extended family members, especially if they can help with childcare and support.
- Moving to take a new job that has been offered, especially if it would help support the child or increase their standard of living.
- Moving for other life improvements, such as finishing a college degree or seeking a lower cost of living in a different area.
The exact reasons are going to differ from case to case, but the most important thing is to approach the modification before moving. Parents need to know exactly what legal steps to take when addressing custody orders.