If you want to relocate after you get divorced, and you’re going to be taking your child with you, you may have to have your custody order modified. If your ex also has custody rights, there’s a chance that your move could violate those rights.
For instance, say that the two of you live in the same town right now. Every week, the kids move back and forth from one house to the other. This is very easy to do when it’s just a few minutes to drive across town, but if you move to another state, then your ex is not going to be able to pick the kids up or drop them off on the same schedule. This may mean that they feel like you’re moving away just so that they can’t be involved with the children.
Why good faith reasons matter
In order to ask for the modification, you typically need a good-faith reason to move. This matters because it shows that you’re not doing it as a way to keep your former spouse and your child apart. You have a valid reason to move that’s going to make your life better, and it’s worth modifying the custody arrangement to make that possible.
Some reasons for this move include things like moving closer to family members who can help with childcare or taking a new job that you’ve been offered at a different location. You may also be able to use the fact that you’re going back to school and getting an education, or you could simply show that the cost of living is better and your quality of life will be much higher in the new location.
These are not all of the reasons that the court will accept, but they do give you a few good examples. They also show the type of thing that the court is looking for. You simply need to prove that your relocation is for a valid reason and has nothing to do with influencing your ex’s ability to have custody.
Working through the process
One thing you never want to do is simply move on your own and violate the court order. You need to work through the process, understanding the legal steps that have to be taken.