As a divorced parent, you likely have a child custody arrangement on file. If you want to relocate or move, you may need to ask for that custody order to be modified. Exchanging the children on the same schedule may not work if you’re moving to another city or another state.
As you go through this process to request the modification, the court may ask for the reasons for the move. They may want to see something like a job offer, acceptance into a college or evidence that you’re looking to move closer to extended family members.
But why do you have to justify the move in the first place? Why does the court care why you are relocating?
Protecting parental rights
Essentially, the court is just trying to protect your ex’s right to see the children. If you have a valid reason to move and request the modification, they can see that you’re doing it for a substantial reason. You may even be able to show just how helpful this move will be to the child, who will get to have a stronger relationship with grandparents or enjoy a better standard of living after you take a higher-paying job.
What the court is attempting to avoid is a relocation that is done just to disrupt the custody schedule. For instance, maybe you always wanted sole custody, but the court ordered that you had to share custody with your ex. If they believe you’re only moving to try to force your way into sole custody—because your ex will be too far away to share time with the children—then the court may not approve the modification.
It’s very important not to violate court orders and to get them modified appropriately. Be sure you know what steps to take to do so.
