Can you move out of state with your children if you share custody?

On Behalf of | Dec 1, 2021 | Child Custody

When you first got divorced, you and your ex still lived in the same town. Child custody was just a matter of arranging how to transport the kids back and forth between your homes. It was fairly easy for everyone involved.

However, that was several years ago, and now you’re thinking about moving out of state. You want to take your children with you, but your ex has no desire to move and has started a new relationship in the city where you both live. Are you allowed to leave with your kids, even though that would mean that your ex wouldn’t see them or would have a difficult time seeing them?

What is your reason for the move?

The court will want to know why you’re moving. They do not want you to attempt to alienate the other parent from your children by moving away just so that they can’t see the kids. However, you can cite a valid reason, such as moving to be closer to family members, taking a new job that has been offered to you, continuing your education, lowering your cost of living or doing something else to make life better for you and your children.

In other words, the court does understand that moving may be in your best interests and in the children’s best interests, but you’ll have to show that so they know that you’re not moving out of spite. The move can seriously impact your ex’s custody rights, which must be taken seriously. Make sure you take the time to carefully consider all of the proper legal steps, and do not move without ensuring that you’re doing so lawfully.

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