Parents who divorce are encouraged to play an active role in their children’s lives, often sharing custody and parenting responsibilities. Once parents establish a routine, children can acclimate to their new family structure. Big changes to this routine can be frustrating, especially when the other parent is making the changes. One example: a proposed move.
You have options if you do not support a proposed move. The following will outline steps to take and provide guidance to help you feel more control over the situation.
Step #1: Review custody documents
Before making any decisions, familiarize yourself with the legal obligations outlined in your custody agreement. Most custody agreements include specific clauses about relocation. Check for this language and review the documents to understand your options.
Step #2: Communicate with your ex-spouse
Open and honest communication with your ex-spouse is vital when working through a difficult parenting decision such as relocation. Asking for more information about the reason for the relocation and whether or not it will benefit the children can help keep the focus on working towards an amicable resolution that preserves the best interests of the children.
Step #3: Review notice
A parent who wishes to relocate may file paperwork with the court. If you receive any official documentation, often through certified mail, carefully review them. If you do not support the move, you generally have to file an objection with the court within 30 days of receiving the notice. A failure to do so can limit your options.
Step #4: Legal remedies
If you disagree with the other parent’s reasons for relocation, you can file an objection to the proposed relocation as noted above. This can lead to additional relief, such as a request to the court to prevent the relocation. You will need to gather evidence to support your claim at a hearing.
Parents who do not support relocation have options. Legal remedies are available, and you can present your side to help better ensure the best interests of the children are protected when working towards a resolution with your ex.