When You Want To Relocate: Discussing Your Options When You Have A Child With A Former Spouse

Law Blog

Although you may divorce your spouse and hope to have very little contact in the future, if you share guardianship of a minor together, you will have to be cordial for years to come. When you are presented with a new opportunity out of the area, it might be hard for you to move because of this shared custody arrangement. Depending on your circumstances, you may be able to move with your child, but this will take some work.

Try Negotiating with Your Former Spouse First

The easiest way for you to move away to take a job, pursue a relationship, or return to the area in which you grew up is to negotiate a reasonable custody arrangement with your former spouse. If you have been sharing equal time parenting, this may be a difficult agreement to come up with. If you ex isn't budging on allowing you to move out of the area, then you have to come up with another plan.

Request a Court Order Asking to Move

With the help of an attorney, such as Flett Manning Moore, request a court order asking for permission for you to move out of the area. Filing a motion to request a move out of the area will take time, and you will have to have legitimate reasons for moving out of the area. If your ex has limited visitation or has shown little interest in seeing the child, it is more likely that you will be granted permission to move out of the area.

The Best Interest of Your Child is Considered

If you move out of the area without permission from your ex or from the court, your ex has rights. Your former spouse can file a request with the court to determine what is in the best interest of your child. It is possible that you will be ordered to return to the area until this trial is completed. The judge looks harshly upon parents who leave the area without the consent of the second guardian, and this could be used against you in court.

Determining what is in your child's best interest gets complicated. While you may be able to provide a better living environment in a new place because of a higher paying job, they may be leaving family and friends that they see on a regular basis that have been in their lives forever. If both parents are closely bonded with the child, it will be better for everyone involved if both parents can come to a reasonable solution together.


15 April 2015