My Ex Wants to Move with Our Children, What Can I Do?

When it comes to your children, you want what is best for them.  But what do you do when your ex believes that what is best for your children is to move?  Going through a divorce can be just as hard on children as it is on adults.  Family law attorneys do their best to make sure that things move forward as amicably as possible.  When children are involved, parents usually strive to make sure that the needs of their children come first.  Sometimes, that means moving with one parent or the other. 

So, what can you do when your ex is the one who wants to move away with your children?

The team at Henry & Beaver Attorneys at Law are specialists when it comes to family law, divorce and child custody.  Our lawyers have many years of experience when dealing these types of situations and can help you understand what your rights are as a parent.  It is fairly common for parents to move after a divorce is finalized.  While this may be normal, it doesn’t mean that it is easy.  If you are a parent that is looking to relocate or you want to contest a planned relocation of your children, the team of experienced lawyers at Henry & Beaver can help.

You should always seek the help and support of experienced lawyers when dealing with child custody or family law.  Make sure to check out all our areas of practice to see how we can best serve you.  There are many strict rules that a custodial parent must follow when they want to move with their children.  Failure to follow these rules can have significant consequences.  We’ll go through a brief overview of some of the things you should be aware of as a custodial and noncustodial parent in this situation.

If you are a custodial parent that wants to relocate with your children, you need to make sure that you are communicating with the children’s noncustodial parent.  Keeping an open line of communication can help everyone stay on the same page throughout this process.  From a legal standpoint, as a custodial parent, you need to send notice to a noncustodial parent in advance of your move.  This letter should be sent by certified mail at least 60 days prior to your planned move.  In this letter, you need to make sure that you include all relevant information in regards to your move.  This should include when you plan to move, your new address, your new phone number if you will have one, the new school district where you will be living and other relevant information.  Not following these steps can result in your move being denied or possibly even the loss of certain custodial rights.

If you are a noncustodial parent and you receive a relocation notice and you want to contest a move, time is of the essence.  You only have 30 days to file an objection if you wish to contest a planned move.  Should you choose to object, you will need to attend a hearing that will determine whether or not the move will violate your custodial rights.  There are many different factors that can sway the outcome of this hearing one way or the other.  Some of those factors include the reason for the planned move, the developmental needs of the children and the relationship the children have with each parent.  The judge will consider all of these factors when making their decision.  At the conclusion of the hearing, the court will either allow or deny the move.

Relocating children after a divorce can be a delicate process that can be difficult for anyone to deal with on their own.  Whether you are a custodial or noncustodial parent, the team of dedicated lawyers at Henry & Beaver Attorneys at Law want to help.  We will work tirelessly to get the outcome that you deserve in all legal matters. 

Contact us today if you need legal representation for all your family law, divorce and child custody needs.