Relocation After Divorce
It is not uncommon for the circumstances and job situations of parents to change in the years that follow court-ordered custody and visitation arrangements. If your Court order no longer reflects the needs of the family, the divorce paperwork must be changed or modified. One of the most common reasons for a modification is relocation.
Moving With Children After Divorce Or Relocating After Divorce
If one of the parents needs to move from the geographical area outlined in the divorce decree, preventing him or her from upholding the custody or visitation agreement, the court may consider revising that agreement. This often includes moving because of a job change, a remarriage, caring for family members or other personal reasons.
The court will assess your reasons for moving and the preparations you have made for the move. This would include finding employment and a residence that would serve as a proper place for the children to stay when they come to visit.
If one parent is moving a significant distance away, the court may insist the child remain in the Court’s jurisdiction while the matter is decided. However, the Court must ultimately pick one parent for the child to live with during the school year. The child will generally then spend half the summer and half the holidays with the other parent. There may also be some additional change in child support, to cover the additional travel expenses.
If you are facing a relocation, we can assist you in seeking the modifications necessary to preserve the relationship that you have with your children. At Robert L. Caplan Attorney at Law, we understand the factors that will be evaluated by the judge and can help you prepare to make a case for the modification. Our lawyer can also help to provide creative work-arounds and solutions that will help you continue to spend time with your children, though on an altered basis.