Can My Ex Move Out of The Area and Take The Kids?~3 min read

Divorce is never easy, but it can be especially difficult when children are involved. After a divorce, both parents may want to move on with their lives and start fresh somewhere else. But what happens when one parent wants to move out of the area with the children?

Review Your Custody Agreement

If you have a custody agreement in place, you will need to review it carefully to determine what it says about moving out of the area. If you are the custodial parent and you want to move with the children, you may need to get permission from the court or from the other parent. If you are the non-custodial parent and you want to prevent the other parent from moving out of the area with the children, you may need to go to court to try to block the move.

Consider the reasons for the move

If one parent wants to move out of the area with the children, the court will consider the reasons for the move. For example, if the custodial parent wants to move to be closer to family or to take a job opportunity, the court may be more likely to approve the move. However, if the non-custodial parent can show that the move would be harmful to the children or would interfere with their relationship with the non-custodial parent, the court may be more likely to deny the request.

Think about the impact on the children

The court will also consider the impact that the move would have on the children. For example, if the children have strong ties to their community and school, the court may be reluctant to approve a move that would disrupt those ties. If the children are old enough to express their own preferences, the court may consider their wishes as well.

Consider alternative solutions

If one parent wants to move out of the area with the children and the other parent objects, there may be alternative solutions that can be negotiated. For example, the parents may agree to a modified custody arrangement that allows the non-custodial parent to spend more time with the children during school breaks or holidays. The parents may also agree to a long-distance parenting plan that allows the non-custodial parent to maintain regular contact with the children through phone calls, video chats, or other means.

Consult with an attorney

If you are facing a situation where one parent wants to move out of the area with the children, it’s important to consult with an attorney who specializes in family law. An attorney can help you understand your legal rights and options and can represent you in court if necessary. With the help of an experienced attorney, you can work to protect your relationship with your children and ensure that their best interests are served.

For information on child custody agreements contact experienced Springer & Lyle attorney Daniel Abasolo at 940.387.0404 to schedule a consultation.