Following your divorce, the court enforces a custody order that determines how and where your children will grow up. If your ex-spouse retains physical custody over your kids, they will spend most of their time in the care of your co-parent.
In the event that your ex-spouse decides to move out of state, whether for work or for personal reasons, they might think they have the right to bring the kids along due to their status as the primary custodian. By understanding your parental rights, you can protect the relationship you have with your children even if the other parent attempts to relocate across a great distance.
Does your ex-spouse have the right to move with the kids?
While a parent with physical custody over the children has more direct control over the day-to-day decisions regarding the kids’ lives, the other parent still has important rights as well. You likely still maintain legal custody over your children even if they do not spend the majority of their time with you. This means that you possess decision-making power regarding each child’s upbringing and can seek the intervention of the court if your ex-spouse attempts to take the children out of state.
How can you resolve a relocation issue with your co-parent?
In the absence of a mutually agreed-upon custody plan, a judge will make decisions regarding custody that are in the child’s best interests. If your co-parent must move out of state and neither of you wishes to take the matter to court, you can arrive at a new compromise for your custody arrangement by going through the mediation process.
You retain the right to have reasonable access to your children and contribute to important decisions. This means that your ex-spouse cannot take the kids out of state without approval.