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Relocating with your Children after Divorce
Relocating with your Children after Divorce

When you file for divorce, the two ways the issues between you and your spouse will be resolved are through settlement and going to court for the judge to make a determination. One of the most emotional issues divorcing couples face is who will have custody of their children. To make matters even more difficult, once this decision has been made, life circumstances can lead to one of the parents having to relocate.

Relocation after your custody order has been finalized can be complicated if the non-custodial parent has visitation rights, especially if the move will negatively impact his or her ability to spend time with the children. Thus, the custodial parent seeking to relocate the children must follow certain procedural steps before moving the children.

A petition for approval to relocate must be filed with the court by the custodial parent. The petition is signed under oath and must set forth the following:

  • A detailed description of the new residence, including the physical address, if known
  • If the mailing address differs from the physical address, it must also be provided
  • A telephone number at the new residence, if available
  • The date the move is scheduled to take place
  • A detailed explanation of why the relocation is necessary (new job, closer to relatives, etc.)
  • A proposal for how to revise the custody arrangement and visitation schedule

The non-custodial parent has a certain amount of time (usually 20 days) to object or otherwise respond to the relocation. If you are the non-custodial parent and you receive a petition for relocation, it is imperative that you contact us immediately for help. Failure to timely respond could result in the judge approving the relocation of your children.

Men often find it difficult to find a divorce attorney who understands the unique male perspective on family law matters. If you are facing divorce or you have other family law needs, our legal team is here to help. Contact the Men’s Divorce Law Firm to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.