A child custody schedule is set up during a divorce based on the couple’s needs, the child’s best interests and much more. The court will consider the parents’ work schedules and living situations, for instance, to try to set up a custody schedule that makes it easy for them to exchange the children.
But things can change in the future. Say that you are offered an excellent new job that will pay far more than the one you have now, but it is in another state. Or say that you are having trouble caring for the kids and working now that you are no longer married, so you want to move and live closer to your parents or other extended family members so that they can help you. Is it possible to relocate even though you are a coparent and you share custody rights with your ex?
Providing good faith reasons
It is still possible to relocate, but there are two things to keep in mind. The first is that you should not move with the children or interfere with your ex’s custody rights. Before moving, you need to have the child custody order modified. Until you have done this, it stands exactly as it was written during the divorce. So you need to go to court and petition for a modification, and after it is granted, then you can relocate.
The second thing to remember is that the court may ask you why you want to move. Aside from the reasons noted above—taking a new job or seeking assistance with the children—you may be able to give them a reason like moving to an area with a lower cost of living or returning to school. Essentially, the court just wants to know that the move will be in the child’s best interests and that you are not relocating in an effort to prevent your ex from seeing the kids.
It is crucial that you take the correct steps in the proper order, and you must know what legal obligations you have while going through this process.