After a divorce, if you and your former spouse share custody of your child, you have to follow the court order. The child custody order may say that you swap physical custody every other week, for instance, while you have to work together to make major decisions for the child – known as legal custody.
One thing to remember is that this can make it harder for you to move or relocate. Even if you want to live somewhere else, it could violate your ex’s rights or your child’s rights. If so, you may need to ask the court for a modification before you move.
Why is this such a serious issue?
Moving is so problematic because the established custody exchange may become impossible.
For instance, say that you and your ex live in the same town in New Jersey. It’s easy to make custody exchanges with just a 20-minute drive. But if you decide to move to New York City or Tallahassee or San Francisco, suddenly those exchanges become impossible. This violates your ex’s rights if you keep them from seeing the child. It can also violate your child’s rights by inhibiting their relationship with the other parent.
So can you never move? You may be able to, but you may need to show the court that there is a valid reason to request a modification. If you have been offered a job or accepted into your dream school, for instance, that may be a good-faith reason to relocate. You may also cite issues like seeking a more affordable living situation or getting closer to extended family members.
If you do decide to relocate, just make sure you know the necessary legal steps to take.