You and your spouse have finalized your divorce and the custody agreement has been signed on the dotted line. Now, one of you has decided to move. What happens next? For many former couples, parental relocation can be one of the most difficult parts of life after divorce, particularly if your ex wants to take your kids with them. A Redwood City divorce lawyer can review your situation and advise you on how to make the relocation process easier.
Whether you are legally allowed to move away with the children post-divorce depends on your child custody arrangement. For example, if you have a permanent order giving you primary physical custody of the children, you are generally allowed to move with the children unless your ex can prove that moving would harm the kids. However, if you have joint physical custody of the children, and your ex does not want you to move, you will have to prove to the court that moving is in the best interest of the children.
While your child custody agreement may specify a custody arrangement, a lot can change in a short period of time. The court is generally more concerned with the parental schedule in place at the time of the move, rather than what you originally agreed to.
Relocating after a divorce is common and does not have to be a strain on your family. If you anticipate that you or your ex will want to move in the future, it may be in your best interest to meet with a lawyer to protect your rights in your parenting plan. This can ensure that even if your ex does move away, you will have set times to see your kids, both virtually and in-person.