When you and your spouse decide to get divorced, you may really want to put the entire relationship behind you. For instance, say that you moved to California to marry your spouse because they had a job there. But now that you’re getting divorced, you want to move back to your home state, near your extended family members.
If you have a child together, you may be able to move, but it is complex. Often, what you have to do is go to the court and request a modification of the child custody arrangement. If it is granted, this may give you the ability to move. But you shouldn’t just move with your child before you get that modification, as it could violate your ex’s rights.
Why would relocating be an issue?
It depends on many factors, with one of the main ones being whether or not you can uphold the child custody schedule that the court ordered. For instance, during the divorce, perhaps the court said that you and your ex had to exchange custody of your child every other week. If you both live in close proximity in California, it’s easy to do this. But it may become completely impossible if you move to another state.
When deciding if they’ll grant the modification, the court may simply want to know why you’re moving. They’re looking for good faith reasons to show that you’re not just trying to interfere with the other person’s custody rights. Examples of potential reasons include moving near extended family members, going to college, taking a job offer or seeking a lower cost of living.
No matter why you’re moving, it’s very important to take all these legal steps in the proper order. Make sure you understand your rights and obligations.
