If You Have Kids, Moving May Not Be An Option
Many states place geographic restrictions in divorce decrees that order the parent who has the primary custody to live within the same area as the non-primary parent.This restriction is usually within the county where you reside and the contiguous counties.
How do you break the restriction to move away?You get a better-paying job or have a new spouse in another state.How easy is it for you to move?The first thing to do is to talk to your ex-spouse and see how he/she feels about it. Most states require you to notify the other parent if you plan to move.
Although it’s tempting to do, it’s not a good idea to pack up and move and tell your ex after you’ve moved.The court may order you to move back immediately.If you’ve bought a house, signed a lease, and/or started a new job, it will be a huge mess to undo all of that and return. It’s better to follow the rules and let your Ex know your plans beforehand. Here are some tips to help.
TIPS TO MOVE TO ANOTHER STATE DURING DIVORCE
1. Consult a divorce attorney.
What if your Ex objects to your move and vows to fight it? Then you have a fight on your hands.At that point, you need to consult an attorney to see what your chances are. If the other parent has been actively involved with your child, then you face a huge uphill battle to try and show the court why it’s in your child’s best interest to take him away from an involved parent.
2. Know your divorce laws.
Research the laws of your state and know realistically what your chances of winning are.Don’t let an attorney take all your money when you don’t stand a chance of winning.You need to know your chances so you can make an informed decision whether or not you want to fight.
3. Sweeten the pot.
If the other parent is very involved with your child and refuses to agree to your move, your best chance is to see if there is something he/she would take to agree to your moving during the divorce.For example, if you have been receiving child support, you can agree to stop child support either permanently or for a fixed period of time.That may seem unfair to you, but in the long run, you would’ve spent that much money in attorney’s fees fighting this anyway.
4. Help your spouse keep in touch.
You can also agree to set ups webcam for the parent and the child and agree that you can visit with each other via the webcam daily in a virtual visitation.You can agree to send videos and pictures weekly showing what the child did that week.This doesn’t replace that parent’s ability to actually attend your child’s extracurricular events, but it helps.
5. Pay for travel.
You may also have to agree to pay for all airline tickets for your child to fly to see his parent every month, holidays and summers. This may seem unfair and expensive, but if you want to move and your chances of winning in court are slim to none, this is your best bet.