For parents, even simple things like moving after a divorce can become complicated. Parents may share physical custody of their children. The schedule may be based, in part, around the fact that those parents live close to one another. Relocating for any significant distance may make it much more difficult to transfer custody of the children.
In some cases, this means that a modification to the child custody order is necessary. Exchanges may become more infrequent, for example, or one parent may take over as the primary custodial caregiver, while the other retains visitation rights so that they can see the child when they are close to one another, even if this is much less frequently than they used to.
Potential reasons for a relocation
Courts do not want parents to move simply to try to infringe on the custodial rights of the other. As such, they may be looking for good-faith reasons why the relocation is necessary. Some potential examples include:
- Seeking more affordable housing or a lower cost of living
- Moving near extended family members who want to have a relationship with the children and may help raise them
- Taking another job or enrolling in school
- Trying to improve the child’s standard of living
- Focusing on their health, safety and security
One of the main things that parents need to keep in mind is that the modification must come before the relocation to avoid violating the custody order. Do not move first. Request the modification and move if it is granted. It is crucial to know exactly what legal steps to take at this time.