Relocation can get very complicated for divorced parents. When someone wants to move, especially if they plan to take the children with them, they really need to consider the custody order. Their ex may also have custody rights, which they need to respect under that order.
For example, say that a couple in Little Rock, Arkansas, has a custody order stating that they need to exchange physical custody of the children every other week. As long as they both live in relatively the same area, they can make these exchanges easily.
But if one person decides that they want to move to another state, then the custody exchanges would become impossible. If that person moves with the kids without first modifying the order, they could be violating their co-parent’s fundamental custody rights.
Potential reasons for a modification
It is important to seek a modification of the existing custody order prior to moving, and the court may want to see good-faith reasons to make the change. Some examples include:
- Moving closer to other extended family members
- Moving to an area with a lower cost of living
- Moving in order to further one’s education
- Moving to take a job that has been offered or to advance a career
Essentially, the court wants to see that the parent is moving for a valid reason and that it will likely have a positive impact on the child’s life. They can then alter the custody order to make the relocation possible. But it is very important to know exactly what legal steps to take in advance to avoid violating the order.