Protecting Your Interests, Preserving Your Future

Can you move with the kids after your divorce?

On Behalf of | Jan 26, 2021 | Divorce

Most parents divorcing in Arizona will end up sharing custody with their ex. Sharing custody is challenging for both parents and for the children in the family. However, it is usually a better long-term solution than one parent assuming all responsibility and the other losing out on bonding opportunities with the kids.

However, co-parenting means you need to be close enough to share responsibilities with your ex. If you are offered a great new job in Nevada or are accepted to a business school program on the other side of the state, what can you do? Are you allowed to relocate when you share custody with your ex after an Arizona divorce?

Your custody order and state law limit relocations

It is common for couples to set specific relocation limitations in their parenting plan. Requiring the custodial parent to stay in the same school district is common. Even if you didn’t set limits on relocation during your divorce, state law has restrictions in place.

Custodial parents who want to move out of state or more than a hundred miles away from their home at the time of divorce will need to notify the courts and their co-parent in writing. If their co-parent doesn’t agree to the move, everyone will probably have to go to court.

Significant relocations typically require custody modifications

Moving farther away than is permissible under state law could endanger your parental rights. Following the proper procedure to change your custody order to allow the move legally protects you and your relationship with your children.

You and your ex can both present your side of the situation to the courts, which will then make a determination about how to modify the custody order. Provided that you can show that the move will be in the best interests of the children and is not an attempt to alienate them from the other parent, the court could approve your request.

A custody modification can allow you to move so that you can pursue economic independence or a higher standard of living. An experienced family law attorney can help you.