When experience matters, don’t leave your future to chance.


When experience matters, don’t leave your future to chance.

Can you freely move with the kids after the divorce?

On Behalf of | May 25, 2023 | Family Law |

Divorce can be a very stressful life experience. Things become even more difficult when children are involved. Subject to the terms of the divorce, the court may award one parent primary custody while the other is granted visitation rights.

But divorce comes with its share of changes. Adjusting to life after divorce can be a challenge. Sometimes, a parent may need to take up a new job, and this may require the parent in question to relocate to another city or state. Consequently, this may impact an existing custody order. But can you take the child with you while relocating?

Your ex’s input does count

Except in exceptional cases, courts try to ensure both parents retain contact with their children. If the relocation is likely to impact your ex’s ability to do this, then they may have grounds to dispute the child’s relocation.

However, if you two can agree to the relocation, then you can move with the child as long as such a move does not compromise the best interests of the child. Still, whatever agreement you arrive at must be approved by the court.

The move must take into account the best interests of the child

Your ex’s opposition to the move does not necessarily mean you cannot relocate with the child. If the court is satisfied with your reasons, they may modify the existing custody order to approve the relocation. If they do not, then you may have to adjust your plans. Learning the rules that apply to Tennessee child custody modifications and post-divorce relocations can help.