If you get divorced, you may initially live in the same town as your ex, but you could decide later that you’d like to move. Maybe you’re just trying to move on with your life, or moving back to where your family lives – and where you lived before you got married. Regardless, if you did not have children, you can move wherever you would like after the divorce, and your ex will have no say in the matter.
However, if the two of you do have children and are still sharing custody of them, then there are situations in which the court may tell you that you cannot move with those children. The court isn’t necessarily prohibiting you from moving so much as they are stopping you from violating your ex’s rights under the child custody order. If you move to another state with the children, then your ex may no longer be able to realistically spend any time with them, and that is a violation of their rights.
What can you do?
If you do want to move and you’re worried about the court denying it on these grounds, you may be able to show them that it is a worthwhile decision. You can do this by presenting them with various good faith reasons why you want to move and why you think it may actually be in the best interests of the children to let you do so.
Examples of these good faith reasons include things like moving to be closer to your family, as noted above, since they may help you raise the child. Another example could be returning to school to finish your education or taking a job that has been offered to you. Even something as simple as trying to find an area with a lower cost of living could qualify.
If you find yourself in this complicated situation, it’s important that you understand all of the options at your disposal.