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Don’t move without modifying your custody arrangement

On Behalf of | Dec 12, 2023 | Child Custody |

Things can be a bit more complicated for co-parents after a divorce. They have to consider their ex’s rights to see the children, and they are not just making decisions for themselves.

One way in which this shows up is when someone wants to move or relocate. For instance, maybe they got divorced a year ago, and they now share parenting time and physical custody of their child with their ex. They each have the child every other week.

But if that person wants to relocate to another state, that could be a violation of their ex’s rights. If they take the child with them and then begin breaking the custody schedule – by missing those exchanges – that could have serious legal ramifications.

Seek the modification first

This doesn’t mean that moving is impossible. It just means that co-parents have to go to court first and seek an official modification of the custody arrangement so that it fits with their new living situation.

While doing this, adults may be asked why they want to move. The court wants to see that they are not intentionally trying to disrupt the child custody arrangement. Some common good faith reasons to move include things like moving closer to extended family members, going to college, taking a job, finding new housing opportunities or looking for a lower cost of living.

But at the end of the day, the most important thing is to take the proper steps and get that modification first. Moving should only happen after the legal arrangement has been altered and everyone’s rights are respected. Adults who are going through this process must be well aware of the necessary legal steps to take at this time.