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Can you move with the kids after a divorce?

On Behalf of | Jan 8, 2020 | Uncategorized |

There are times when parents want to start fresh after divorce. For some people, this means trying a new life in a new location.

It’s not always going to work out, but in some instances, people are able to take their children with them as they move to a new state or even another country. It’s necessary for the move to be in your children’s best interests. If the move is, then it’s possible that the court could allow it. You do have to keep in mind, however, that the other parent, and their custody rights, will play a role in your ability to move with your children.

What does it take to move away from your old home, state or even the country with your children after divorce?

Whether or not you can move with your children comes down to a few factors. The first is your agreement with your spouse. The second is the approval of the court. Finally, your children’s best interests have to be considered.

For example, if your spouse won’t have time or the support to care for your children after the divorce, they may say that they’re happy with you moving away so long as they get time with the children. They might be satisfied with digital visitation alongside regular visits over weekends or on holiday breaks.

If the court looks into your case, the judge will be considering what would be best for your children from the perspective of their schooling, health and ability to be close to family. If moving means that they will go to better schools, be able to see more of their family members and that your job will improve, for example, then it may be an appropriate choice.

What happens if your spouse (or ex-spouse) doesn’t agree to the move and steps in to stop it?

If you can show the court that the move is in the best interests of your children and that you and your spouse have worked out the details, you’ll be in a better position to get approval. Your spouse doesn’t necessarily need to approve of your move, but in that case, they may argue against the move you want to make at court and could end up preventing you from moving away with your children. Your attorney can work closely with you to help make a stronger case to show that the move will be good for your family.


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John T. Chamberlin, Attorney at Law
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