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Can you move with your children after divorce?

On Behalf of | Aug 3, 2022 | Time-Sharing

You got divorced last year, and the court split custody between you and your ex. The two of you still live in the same town, although you have your own apartments now, so trading the kids back and forth is fairly simple.

However, the only reason that you moved to this town in the first place was that you got married to your ex. You realize that you have no desire to stay, and you would like to move. But are you allowed to do it with your children?

This can get more complicated

There are potential complications here, and it stems from the fact that you and your ex share custody. This may mean that the kids live with each of you at different times. It could also mean they live with one of you most of the time and simply visit the other. No matter how that time was divided, the fact that you share it is critical.

The court may believe that you’re only moving so that you can violate that custody order and keep the children from your ex. So what you’ll need to do is present a good faith reason for moving.

One example could be getting a new job, while another could be going back to school. Still another could be as simple as looking for a better standard of living or trying to move closer to extended family members. You need some sort of reason to move so that it’s clear you’re not trying to violate your ex’s rights.

Make sure you know what legal steps you’ll have to take at a time like this and that you understand all of the rights you have.