Can you move if you share custody of your children?

On Behalf of | Feb 20, 2025 | Custody & Parenting

After a divorce, many couples still share custody of their children. This can include physical custody, meaning the child lives with each parent on a specific schedule.

This can create some problems, especially if one of the parents wants to move or relocate. If you find yourself in this position, it is important to know what steps to take.

Why is relocation problematic?

The big issue is that relocating can throw a wrench into the standing custody order. Say that you and your ex exchange the children every three days. This only works well if you live near each other due to the frequency of the exchanges. If you move four hours away, it could be virtually impossible to continue on the same schedule.

That doesn’t mean that you are prohibited from moving, but you may need to modify or adjust the custody order before you do so. You certainly do not want to move away from your ex, taking the children with you and violating their custody rights. It is not legal to violate the existing custody order. 

When petitioning the court to modify the order, they may ask you why you want to move. Their goal is to ensure that you are not just trying to keep your ex from seeing the kids. Some reasons you may provide include taking a new job, moving closer to extended family members, going back to school or moving somewhere that is more affordable.

Get the modification first

The most important thing to remember is that you need to modify the order first instead of just moving and violating it. Be sure you know exactly what legal steps to take.

 

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