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Can you relocate with your kids after divorce?

After a divorce, you may want to change residences for any number of reasons – for a fresh start, to pursue a job opportunity, to live closer to family. As a parent, however, you generally need permission to relocate with your kids.

Understanding the relocation process for divorced parents may help you avoid potentially serious custody issues.

Notice of relocation

According to state law, if divorced parents intend to move more than 60 miles from the other parents, they must provide notice. Depending on the circumstances, the court requires you to give such notice within 45 days of when you intend to move, or within 10 days of finding out you will have to relocate, if later.

In the notice to your child’s other parent, you will have to include specific information. In addition to your phone number, you will also have to give the date you plan to relocate, your new address, the reason for your move, and the name and address of the school your child will attend. Included with your notice, you will also propose a modified visitation schedule.

Objection to relocation

The non-moving parent has up to 30 days to object to your proposed move. If he or she doe so, you cannot relocate until the court has issued a ruling on your case. To determine whether to allow your move, the court will consider factors such as your child’s age, the parent-child relationship with the non-relocating parent and other issues to decide if the relocation serves your child’s best interests.

Relocating with your children without giving the proper notice and receiving permission may cause serious issues with the court, your custody and your relationship with your child. Therefore, you may find it helpful to know your rights and responsibilities as a custodial parent.

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