When you and your spouse initially got divorced, you still lived fairly close to one another. Perhaps you filed for divorce and then moved out and got an apartment just a few miles away. Exchanging the children was easy, and the child custody arrangement set up by the court allowed the two of you to make simple exchanges throughout the week.
Now you are thinking about relocating farther away from your co-parent. How is this going to affect your child custody arrangement? Can you move and take the children with you?
Seeking a modification
In most cases, you need to seek a modification of the child custody arrangement in order to relocate. After all, a significant move may mean that the initial child custody agreement no longer works. If you and your spouse exchange the children multiple times during the week, that would be impractical if you move to another city a few hours away.
That does not mean that you cannot move. However, depending on the terms of your custody agreement, you likely need to seek a modification of the order first. You cannot simply move with the children and then fail to make the predetermined exchanges. That could lead to a contempt citation and legal penalties in addition to putting your parental rights in jeopardy.
When you request the modification from the court, the judge will ask you for reasons why you want to move. They are typically looking for reasonable explanations that are also in the children’s best interests. Examples could include seeking affordable housing, taking a job offer or moving nearer to family members.
Parents can get themselves in trouble by moving and violating a custody order. It is important to understand the legal process for seeking a custody modification in order to relocate. It’s important to have experienced legal guidance as you explore your options.