In many cases, when a couple gets divorced, courts will divide custody between both parents. This could mean that your spouse has custody one week and you have custody the next. The court aims to preserve the relationship your child has with both of you, even though your marriage has ended—as long as doing so is in the child’s best interests.
But what happens if you want to move? If it’s just a minor move, such as buying a different house in the same city, it’s probably not an issue. However, what if it’s a more significant relocation, such as moving to a different state or several hours away from your current home?
You may need a custody modification
A substantial move like this can interfere with your ex’s right to see the child. Moving to a different state may make it impossible to follow the child custody schedule that has already been established. It’s important not to violate this court order. Instead, you must ask the court to approve a custody modification in advance.
One factor the court will consider when you request a modification is your reason for moving. They want to ensure you’re not relocating simply to interfere with your ex’s custody rights. As such, you may need to present a good-faith reason for the move. Examples include getting accepted into college, taking a new job offer, moving to an area with a lower cost of living or moving closer to extended family members. If the court believes the move is in the child’s best interests, they are more likely to grant the modification—but you need to obtain official approval before you relocate.
This process can be complex and may lead to legal disputes. Be sure you understand what steps to take and what options are available to you at this time.
