The need for a fresh start is something that often weighs deeply on people who have gone through a divorce. For some, this means moving to a new place and starting over. Unfortunately, not all divorced people will be able to do this. Divorce parents who have children are often limited in where they are able to move once the divorce is done.
Child custody laws focus on the best interests of the children. It’s often assumed that having both parents around, whenever possible, is important to a child’s wellbeing. For this reason, courts typically don’t allow a parent who has custody of the children to just decide to move on a whim.
There are many factors that come into the picture when the court tries to determine whether a move can happen or not. One thing that you must remember if you’re thinking about a move is that taking the children out of the area without the court’s approval can lead to serious legal trouble.
Typically, you’ll need to petition the court to move the children. Your child custody order should have any restrictions that you need to know. For example, you might have to stay in the same county or state. In some cases, the limitation is based on the number of miles from the current residence.
When you petition the court, it is very important to focus your argument around the way that the move will benefit your children — not yourself.
Your attorney can help you to build your case for relocation. Be sure to leave time to get things together so that you aren’t stressed trying to rush everything.
