If you want to move with your child, should custody be modified?

On Behalf of | Aug 19, 2021 | Divorce

If you have a child who you have partial or shared custody of with another parent, it’s important that you are always upfront and honest about changes in your life. When the changes in your life may impact the other parent’s right to visitation or your ability to care for your child on specific days, then you need to have a conversation about those changes and do what is in your child’s best interests.

One issue that may arise for some parents is a new job opportunity in a different city, state or country. Depending on how far away that job is, they may need to move. This will directly influence custody and is something that will result in a custody modification.

How should you handle moving for work when you have custody?

If you plan to move for work and currently have custody of your child, you can’t automatically move and take your child with you in most cases. Instead, you will need to discuss the changes with the other parent. For example, if you used to live 30 minutes apart and you will now live two hours apart, this will have a significant impact on your visitation or the other parent’s visitation time. It may also limit your flexibility, which can be a drawback of living farther apart.

What can you do to make a move easier?

Talk about it. You need to talk to the other parent about what they would like to do. For example, if you share custody 50/50, then ask if they would be open to a different custody split. If you’ll move somewhere where your child can get a better education or will live with more support, then it may be worth suggesting that you take over primary custody. On the other hand, if they’re doing well in their current school and love their friends, staying in this city may be better.

If you cannot come to a resolution on your own, you may need to go to court. Remember, you cannot move without permission unless your original custody order states that you can.