Can you stop a parent from moving after divorce?

Can you stop a parent from moving after divorce?

| Aug 8, 2019 | Divorce

Sometimes, parents are in a position where they need to relocate for work or for school. When they’re living together, a couple might work out a way to move for the betterment of their situation. However, when a couple is divorced, it becomes much more difficult to address sudden moves.

With children, it’s not as easy as deciding to move and doing it. You’ll have to talk to the other parent and work out a custody plan that takes the distance into consideration. While shorter moves (within a few miles of your current residence) might not cause problems, a significant move out of state or out of the region might cause issues.

For people who are divorced and share custody, one parent moving away is going to require a change in the parenting plan and custody schedule. If a parent wishes to move with their child, the other parent has the right to try to prevent that. An official modification of the child custody order is needed before anyone changes the child’s residence, especially if there is a dispute.

Can you prevent your ex-spouse from moving?

A custodial parent who wants to move with a child must show the court that it is in the child’s best interest. A change in custody may be appropriate if a parent still decides to move and it can be shown that forcing the child to move is not in the child’s best interest.

A parent who wishes to move with a child must provide written notice to the child’s other parent at least 30 days prior to moving. If a parent wishes to prevent such a move, it is important to act promptly by contacting a family law attorney who can help take the proper steps.

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