If you share custody of your children with your ex, it can complicate a relocation. You may be required to modify that custody arrangement first. You do not have the same freedom to move with the children that you would on your own, because your ex’s custody rights must be respected.
What the court is really looking for is that you are not trying to move out of spite or just because you want to interfere with the custody order.
For example, maybe you have to exchange custody every other week with your ex, but you are requesting a modification to move five hours away, which would make this exchange schedule difficult. If the court thinks there is not a valid reason to move and you are just trying to do it so that your ex will not see the kids, they are likely to deny the modification.
Good-faith reasons
To show that the modification should be made, you can provide some good-faith reasons demonstrating why you want to move. Examples include:
- Moving closer to grandparents or other extended family members
- Looking for a better living situation or a lower cost of living for the child
- Taking a job offer that you have already received
- Furthering your education by enrolling in college in a different city
These are just a few examples, but the general idea is that the court wants to see that the move would be beneficial for the child and that it is necessary.
Even if you believe you have a valid reason to move, you must seek a modification first. Do not violate the existing custody order. Take the time to look into all of the necessary legal steps.