After a divorce, moving to another town or city may allow you to be closer to family members or take advantage of new job opportunities. However, relocating can be difficult if your child custody order gives your former spouse parenting time or visitation rights. Below are answers to some common questions you may have if you’re planning on moving after a divorce.

Common Questions About Relocating After Divorce

1. Am I allowed to move if I have sole physical custody?

Whether you have sole custody or shared parenting responsibilities, you’ll need to get permission from your former spouse or the court before you can move. This process may involve a hearing where the judge will evaluate your reasons for the move and its potential impact on your child.

2. What factors will the court consider when making its decision?

Like any other child custody matter, the court will base its decision solely on the best interests of the child. At the hearing, the judge will ask about the reasons for the move and how it might affect your child. They’ll also weigh how the move could impact the child’s relationship with their other parent.

3. Can I ask for modification if the other parent moved into another house?

Any changes to the factors that impacted the judge’s original decision may provide grounds for a modification of the custody order. For example, if the custodial parent moves to a high-crime area, the judge may modify the order if they think the move is not in the child’s best interest.

4. Can I challenge the other parent’s decision to move?

At the custody hearing, both parents will have an opportunity to present their case. If the other parent plans to relocate, you may be able to prove that the move would damage the child’s relationships, make visitation difficult, or fail to provide benefits to your child.

Child custody issues are often the most challenging aspects of a divorce. For over 20 years, The Law Office and Mediation Center of Jeannine M. Talbot has helped parents throughout Torrington, CT, peacefully resolve these issues and begin moving forward with their lives. Visit her online to learn more about her services, or call (860) 482-9004 to schedule your initial consultation.