Are You Considering Relocation After Divorce?
Posted on Jun 9, 2014 4:15pm PDT
After a divorce, it may seem like the best option is a new location and a new life. As an ex-spouse, you may want to form a whole new group of friends and a new career that can signify the beginning of a new chapter. If you are thinking about relocating, and you have custody of the children, you will need to take a variety of factors into consideration. Distance can be a great thing, but pulling children out of their daily routine and moving them away from their friends in the midst of a divorce could be detrimental. Also, if your ex-spouse opposes to the move, it could create legal complications, especially where custody and visitation rights are concerned.
Courts don't take relocation lightly. If you choose to move, don't sign the new lease or purchase your new house until you have requested the relocation from the court. The court will think through the different implications of the move and how they will affect your children. It could be months or even years before you are given the green light to move to a different country or city if you intend to take the kids with you.
Make sure to consider the best interests of your children when you are determining where you will move after a divorce. If you relocate your kids away from their other parent, this could be devastating for the kids. You will want to think through how this move will affect them, and how they will feel being taken away from their support system of extended family and friends. The court will want to discuss whether or not you have family or friends where you plan to move and how visitation or co-custody schedules would need to be changed as a result of the move.
In some cases, children may need to take planes regularly to maintain a custody schedule, which could taxing for the kid. The court will always rule in the best interests of the child, so keep this in mind as you present your case for relocation.
It is important to have plan from the very start. Know where you will put the children in school, whether or not they have friends in the new location, what sports or extracurricular activities they plan to enroll in, and how you intend to keep up with visitation and custody schedules. You may also need to explain to the court whether or not you have a jobs lined up.
Oftentimes, the court will want to know the reasoning behind your decision to make sure that you are not merely disappearing on a whim. If you want more information about relocation, call a local family lawyer to help you through this decision. An attorney can also represent you in court if you are facing divorce and need assistance in the courtroom.