If you do not have children and you get divorced, you can certainly relocate whenever you want. You have no obligation to continue to live near your ex. Once the divorce is complete, you are free to move anywhere you would like.
If you do have children, though, this can get to be a bit more complicated. You and your ex may share custody of the kids. If you do, you have to abide by that custody order and make exchanges at the correct time. Relocating could interfere with this, meaning that the custody order has to be modified.
Courts may authorize a modification, but they may ask for good faith reasons why the relocation is necessary. This is to ensure that it is really in the child’s best interests and not being done simply to interfere with your ex’s custody rights.
What reasons can you use?
There are a wide variety of reasons you may want to consider, such as:
- Taking a new job, especially if it increases your earnings and improves the child’s standard of living
- Finding a new place to live that has a lower cost of living, which can also improve circumstances for the child
- Returning to school to finish your education
- Deciding to live closer to extended family members so that they can have a relationship with the child and help raise them
These are just a few examples, and your specific reasons for moving may be much different. The key is to understand that you have to modify the child custody order in advance, so make sure you know what legal steps to take to avoid violating it.
