Can I Move with My Children After a Divorce?

divorced family moving

Can I Move with My Children After a Divorce?

If you share children with your former spouse, moving after your divorce will come with some challenges. Parents cannot simply move with their children without the approval of the court, so you will have to either petition the court with your request or work out a new agreement with your former spouse. If you can hash out a new agreement together, this will save you some time, but you must still obtain the court’s approval to ensure the arrangement is in the best interests of the children.

Moving Away with Your Children

If you and your former spouse cannot see eye-to-eye on a new arrangement, you will have to go to court with this matter. Family courts believe that stability and consistency are paramount in the life of a child, so you will have to prove that the move will improve their quality of life. Additionally, you must also show that this move is in good faith and not an attempt to harm the bond your children have with their other parent.

Here are some examples of situations in which a judge may grant your request to relocate:

  • You have a new job opportunity or a chance to increase your income
  • Moving will allow you to be closer to your extended family and they plan to help you care for the children
  • You are pursuing an educational opportunity
  • You are getting remarried

Additionally, a judge will examine these factors when rendering a decision:

  • Your ex’s reasons for opposing the move
  • If it is possible for your co-parent to move
  • If a reasonable visitation schedule can still be maintained
  • The likelihood that you will support your ex’s relationship with the children
  • Any special needs the children may have
  • The age of the children and if they have a preference

Such cases can be difficult to navigate, so do not hesitate to hire an experienced attorney to represent you.

Set Up a Consultation with a Compassionate Family Law Attorney to Discuss Your Case!

If you plan on moving away with your children, the legal team at the Law Firm of Johnson & Gaskill PLLC can provide experienced advice and representation. Backed by more than 5 decades of combined experience, you can rely on us to provide personalized attention and tailored solutions that address your needs and goals.

Reach out to our law office today at (832) 210-1698 to set up a consultation with a member of our team.

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