You recently got divorced, and you’re looking for a fresh start. In fact, maybe you’re considering moving to a different city or even a different state.
Prior to your marriage, it would have been easy for you to relocate whenever you wanted, but things can get much more difficult after a divorce. If you and your ex have children together, the court issued a child custody order during the divorce case. You still have to adhere to this order, and you can’t relocate if it’s going to violate your ex’s rights.
Why would this happen?
The problem is that exchanging child custody may be impossible over a long distance. Say the court ordered you to exchange custody of your children every other week. You’re both supposed to see them for the same amount of time, and you also share legal custody, meaning you have to work together to make decisions about where the children live, what type of health care they receive and other important matters.
If you move to another state, you could end up violating this custody agreement. You may not be able to make the exchanges properly, which can affect your ex’s ability to see their own children.
That doesn’t mean moving is impossible. It may just mean you need to modify the child custody agreement to reflect your new circumstances. Part of this process can include explaining to the court why you need or want to move and offering good-faith reasons to show you’re not trying to interfere with custody rights. Some potential examples include pursuing your education, taking a new job or moving to be closer to your extended family.
The key is knowing exactly what legal steps to take. Therefore, it helps to have experienced legal guidance when seeking a modification.