Life is adjusting to a series of changes. Though you didn’t get married to get divorced, it happened, and you handled it. Even after your divorce, it is a mistake to think things will remain how they are. A prime example of this is having shared custody of your children and discovering that your spouse intends to relocate.
There are several common reasons why people may face this scenario:
- They are relocating for a job
- They get remarried, and their new spouse gets transferred
- Your former spouse wants to move back to be near family
The examples used above were chosen specifically because they are reasons the court may recognize. When you finalized your divorce, your agreement outlined who had physical and legal custody of the children, how your assets would get divided, and the other details you and your spouse worked through with your attorneys or the court.
Ultimately, you may have to rework the agreement if the parent has a valid reason for moving. For instance, you have the children every other weekend and for several weeks in the summer. If your spouse wants to move 3 hours away, you may still be able to keep the same agreement. Your attorney can advise you on how to proceed.
Amending Your Agreement
Depending on your custody arrangement and where your former spouse intends to move, your agreement may need significant modifications. If you and your former spouse can arrive at agreeable terms (through your attorneys, preferably), you may not need to go to court. However, if you cannot arrive at a conclusion—and your former spouse still intends on moving—the court will have to decide how your agreement will change.
This could equate to an altered custody schedule where one parent gets the children during the school year, and the other has them in the summers. There could also be the potential for changing who the primary custodian is. Before the court makes any decisions, they are going to consider:
- The age of the child
- Where the child goes to school
- Where the child’s extended family is
- How connected the child is to their current location
The court will always make the decision that is in the best interest of the child. These are merely things they will look at to decide.
Law Offices of Robert Dawson
At the Law Offices of Robert Dawson, we help clients navigate the challenges brought forth by divorce, alimony, and child custody. Even after your case has concluded, we can still assist you with modifications that stem from issues like a former spouse wanting to relocate with your child. For legal counseling for either, contact us to schedule a consultation.
Law Office of Robert Dawson
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