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Can you move with the kids when you divorce?

| Jun 28, 2021 | Family Law |

If the end of your marriage has left you in pieces, you might want to move and get a fresh start elsewhere. Somewhere, where every restaurant and park bench does not hold memories of your ex. Somewhere you are unlikely to bump into them. That decision becomes much more complicated if you have children.

When you divorce, you need to settle custody arrangements. You might be able to reach an agreement with your partner, which a court can approve. Or, if unable to agree, the court will decide for you. Courts prefer that both parents continue to take part in their child’s life, except if that would endanger the child. Moving to Alaska is going to make that difficult. Unless, of course, their other parent also fancies moving north.

When you divorce, you need to determine who your child will live with. If they live most of the time with one parent, that parent has primary custody. Alternatively, you could share possession, and the child could live part-time with you and part-time with the other parent.

A court can limit the area you live in

Typically when divorcing, a court will set limits on how far a parent who has primary custody of the child can move. If you share joint possession, a court may decide you both need to stay within a certain radius. Running far away may seem tempting, but doing so in breach of a court order could lead to serious problems. If you want to move, get the court’s approval.

Staying in the same area may be hard for you, but it can provide stability for your child. If they can attend the same school and retain the same friends, it can help them adapt to your divorce. Besides, sometimes the best way to overcome old memories is to create new ones and reclaim your favorite restaurants and park benches once more.