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What Should I Do If My Spouse Wants to Move Away With Our Kids?

Blogs from December, 2021

mom and daughter packing boxes

After your divorce, your spouse may want to move away from where you both lived together. If you share custody of your children, a move isn’t as easy as finding a new house, enrolling the kids in school, and calling a moving company.

If you share custody of your children, you need to look at your child custody agreement before proposing a move away for your children. Regardless of which parent moves with the children, your custody agreement will most likely need a modification.

Custodial Parent Moving

The custodial parent must provide a written notice at least 45 days before the proposed move to the other parent. After receiving the written notice, the non-custodial parent does have the right to request a child custody modification if they believe the move is not in the children’s best interests.

Request for Custody Agreement Modification

After the non-custodial parent requests for a modification of their child custody agreement, the court then evaluates if the move is in the children’s best interests. If the court determines that the move is not in the children’s best interests and may strain the children’s relationship with their other parent or family members, the court may grant a custody agreement modification. The modification will then provide specific ways that the non-custodial parent can maintain their parental rights, even with their children moving.

Non-Custodial Parent Moving

If the non-custodial wishes to move, they have no boundaries as long as they do not relocate their children. However, their move is a significant event that can qualify them to request a child custody modification to preserve their relationship and contact with their children.

How To Protect My Custody Rights?

If you or your former spouse wish to move, you should consult your child custody agreement before making or approving any changes. If you are unsure about how a court-approved move affects your custody agreement, contact a trusted child custody attorney or father's rights attorney today.

If you have questions about a court-approved move or your child custody agreement, call our child custody attorneys at (626) 653-4075 to schedule an appointment today. Our team at Law Offices of Christopher L. Hoglin, P.C. can answer any questions you may have or guide you through filing a child custody modification.