While many parents breathe a sigh of relief when the divorce is final and the custody and visitation settled, that’s not always the end of the matter. As children get older and the parents’ circumstances change, custody arrangements and visitations schedules often do as well. One common reason for a change in these matters is when one parent is planning a significant move.
Relocating across town usually doesn’t make much difference when it comes to custody or visitation, but if a custodial parent decides to move to another state, it can be very upsetting for the noncustodial parent. Sometimes, these moves are purely by choice, while in other situations, the move may be necessary for a job or family issue.
Either parent is free to move where he or she wishes after a divorce, even if there are kids involved. However, if the move is far enough to cause issues with the current custody or visitation arrangement, a judge may agree to modify the order. Most divorce decrees or parenting agreements have a provision for moving, stating that the parent who is moving must give the other parent a certain amount of notice. This is to ensure the other parent has time to go to court to request a change if necessary.
If you have become aware that your ex is moving and you’re worried about what that might mean for your relationship with your children or your visitation schedule, it’s important to talk to a family law attorney as soon as possible. Timeliness matters greatly in these situations, and an attorney can start the ball rolling on any modification requests.
Source: FindLaw, “Custody or Visitation Interference,” accessed Aug. 05, 2015