You marry your spouse and have a child together, but then your romantic relationship takes a turn for the worse. Realizing it would be better to end the relationship, you file for divorce.
After the divorce, you decide that you want to move. Perhaps you need assistance raising your child and want to relocate closer to extended family members. You may have moved away when you were living with your spouse, but now you want to be near your family since that relationship has ended. Is it possible for you and your child to relocate together?
Consider the child custody agreement
It may be possible to relocate, but you must first consider your child custody agreement. If there is a standing child custody order from the divorce court, you are legally required to follow it.
For example, let’s say your extended family lives three hours away. If the custody arrangement requires you and your former spouse to exchange custody every few days, would such frequent exchanges be feasible after the move?
If not, you can request that the court modify the child custody arrangement. However, the court will likely want to understand your reasons for moving to ensure that you’re not trying to interfere with your ex’s right to see the child. Moving closer to family for support is one valid reason for relocation. Other examples of good-faith reasons include:
- Taking a new job
- Attending college
- Seeking a lower cost of living
- Finding a safer living situation
Essentially, you need to demonstrate to the court that the move is in your child’s best interests. If the court agrees, they may grant an official modification to the custody arrangement.
Don’t move without court approval
It’s crucial not to relocate before the custody order has been modified. Violating the custody agreement can have serious legal consequences. That’s why it’s so important to understand the legal steps required when addressing custody issues after a divorce.