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Mark Abzug

Is your ex moving to keep you from seeing your children?

On Behalf of | Jan 25, 2024 | Child Custody

If you’ve gotten divorced, you and your ex may share custody of your children. If this includes physical custody, it means that you have some parenting time with them. This may not be divided perfectly evenly, but you do get to see your kids – perhaps when they live with you or through visitation.

But now your ex is talking about moving to another state. You may be concerned that they are just doing it so that you will not be able to see the kids. There will be no way to make the custody exchanges. Are they actually going to be able to modify the custody arrangement so that they can move?

They may have to show a reason for the move

If you’re worried about this, it is worth moving forward with it to ask the court if there is a good faith reason for your ex to move. The court does not want to come between parents and their children. They can authorize the modification of a custody order if someone wants to move to a new location, but they don’t do it lightly.

Your ex will need to show that they are not trying to move just so that you can’t see the kids, but that they have a good faith reason to do so. Maybe they have been offered a job that they want to take, which pays them more than their current job. Maybe they’re moving so that they can continue their education. Perhaps they’re looking for a lower cost of living or help from extended family members with raising the children.

There are reasons why the court will authorize the move, but it’s important for coparents to know exactly what legal steps to take at this time.