When you and your spouse get divorced, if you are parents, the court can help you create a child custody schedule. This will likely be based on the fact that you live relatively close to one another. You may need to exchange the children every other week or something of this nature.
But life changes, and custody can last for 18 years. It’s fully possible that you may want to relocate or move while still sharing custody. Perhaps you just got a job offer in another state, or maybe you got accepted to your dream college for a graduate program. Maybe you’re just struggling to be a single parent, so you want to move closer to your extended family members so that they can help. What do you need to do?
You must modify the custody agreement first
One important thing to remember is that you shouldn’t just move. You especially shouldn’t do so if you are taking the children with you.
The problem is that your former spouse may not be able to see the children in accordance with the custody arrangement if you move a significant distance away. You would be violating their rights.
Instead, you need to go to the court first. You can request a modification of the custody order. You may be asked to explain why you’re seeking the modification. If the court believes you are operating in good faith, it can then help you modify the order and set up a new custody schedule. But you always have to follow the custody agreement that is on file until it has been altered.
This process can be complex, especially if you get into a dispute with your ex. Be sure you understand all the legal steps you’ll need to take.