Know Your Rights When Your Former Spouse wants to Move Away with Your Children

If you and your former spouse have children together and share custody or if your former spouse is the custodial parent then you should consult with a knowledgeable divorce lawyer right away if there is an issue concerning relocation. Each situation (joint custody or primary custody) is treated somewhat differently in the eyes of the law and it is important that you know and understand you rights in either case. A move requires court approval no matter what the circumstances. If your former spouse has primary custody of the child or children and wishes to relocate then the custodial parent must seek court approval before moving. This is true whether that parent wants to move to another state or just around the corner from their current address. The judge handling the relocation request will look at a number of factors with a primary interest in how the child or children will fare with the move. The court may not allow a custodial parent to maintain primary custody if the move will severely impact the children's relationship with the other parent or if the move in any way reduces their well being. If the move is in the best interests of the child because of things like a safer living environment, better schools, etc. or if it is possible to restructure visitation or parenting time by the non-custodial parent then there is a good chance that the move will be approved. The reason for the relocation will also be carefully looked into.

If the custodial parent absolutely must move because of a job or some other obligation then it is possible that he or she may have to relinquish primary custody to the other parent—again, only if it is in the child's best interests. Cases involving relocation when there is joint custody could mean a completely new child custody agreement. One parent may end up having primary custody or custody may be spread out over the year to minimize how often the child's life is disrupted when the distances are great.

Do you have questions about relocation?

Whether you are planning to relocate to another address or if your former spouse is seeking court approval for a move it is crucial that you have a divorce attorney on your side who is well-versed in these matters. An attorney with us at The Reynolds Law Firm, LLC has helped clients in the Kansas City area get the results they need in even the most complex child custody, visitation, child support and other divorce matters. Contact our law offices today to discuss your case in a free consultation.