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Once you’ve finalized your divorce, the idea of a fresh start with your child in a new town might be appealing. However, the courts may not approve of the resulting separation between your child and their other parent. If you’re wondering when this scenario might be viable, consider the following before meeting with a family lawyer.

What Do You Need to Do to Move?

When you signed your divorce agreement, the included parenting plan established your permanent residence as well as your ex-spouse’s. If you plan to move—even just a few blocks away—you’ll need to tell the courts, so they can update the parenting plan. The other parent will be notified about your move, and they may object to it and arrange a hearing.

If you plan to move a great distance, the other parent could file a motion and ask to become the child’s sole residential parent. This means the child would live with them so they could remain in town, attending the same school and participating in the same extracurricular activities. 

How Can You Move Without Losing Joint or Primary Custody?

lawyerIf you’re hoping to make your relocation work, it’s important to consider your reasons for moving. While an unbeatable job opportunity or an elite school for your child might warrant a move, a simple change of scenery or distance from your ex-spouse probably won’t.

Next, you must get your ex to agree with your plans. Talk to them about your reasons for relocating, and try to come up with a way that they will still have bonding time with your child. 

If you can’t get your ex-spouse to agree, make sure you have an argument to present to the judge, such as the sudden loss of your job and a promising opportunity in a new city. Their main goal will be the child’s best interests, so try to ensure the move will be advantageous for your son or daughter.

 

If you’re still not sure how to approach this scenario, seek assistance from the lawyers at Ibold & O'Brien. This Chardon, OH, team has been serving local families for 40 years. Whether you’re just starting the divorce process or need help amending a parenting plan, they have plenty of experience in family law. This firm also received the AV rating from Martindale-Hubbell®, their highest classification for ethics and legal competency. To learn more about these respected lawyers, visit the website. Make an appointment at the Chardon office by calling (440) 607-5228 or the Orwell office at (440) 437-5295.

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