Relocation can be a bit complex for divorced parents who share child custody rights. When they both have joint physical custody rights, moving with the children could violate the custody order. If one parent moves two hours away, for example, it may become impossible to make exchanges on the schedule that was established by the court.
As such, parents often have to seek a modification of the custody order so that they can relocate. Part of the process may be providing good-faith reasons or justification for the move. Examples include moving closer to extended family members, looking for affordable housing, going to college or taking a new job offer.
Why are these sometimes required?
The court may ask for these reasons when deciding if it should approve the modification. The goal is simply to determine if the parent who wants to relocate has a valid reason for moving and is trying to improve their life and, by association, the child’s life.
After all, some parents try to relocate in an effort to keep the other parent from seeing the children. But if the court has already ordered that the two have to share custody, that would mean that the parent is only doing so to try to infringe on those custody rights. If the court believes that is the parent’s only goal, it is unlikely to approve the necessary modification.
Complications like this can sometimes lead to disputes between parents or accusations that one person has intentionally violated the custody order. When these types of disputes arise, parents must be well aware of their legal options.
