If you get divorced and don’t share custody of your children, you have considerable freedom to move – essentially the same freedom you had before your marriage. You can simply decide to relocate to another state, perhaps to be near your immediate family members in the wake of the divorce.
However, if you get divorced and share custody of the children, the relocation process becomes more complicated. Moving to another county or state may make it difficult for your ex to see the children in accordance with the custody plan.
This doesn’t mean moving is impossible, but it does mean you may need to seek a modification of the child custody order. To show that a modification is necessary, you may need to demonstrate good-faith reasons for the move.
What reasons can you use?
In essence, you’re simply trying to show the court that the move is beneficial for you and the children. You’re not attempting to violate your ex’s custody rights or take the children away from them.
For instance, maybe you’ve been offered a new job that you’d like to accept. Perhaps you were accepted into graduate school and plan to further your education. Or maybe you want to live near extended family members so they can help you raise the children and have a close relationship with them. All of these are potential reasons why the court may approve the modification.
It’s very important, however, to obtain this modification before you move, so take the time to consider your legal obligations carefully. If you simply move and violate the existing order, it could cause disputes and put your own custody rights in jeopardy.