After going through a divorce, it can be tempting to move away and find a new job and a new life. However, moving can be more complicated when you have children, especially if you want to move to another state. Unfortunately, you cannot simply pick up and move with kids after a divorce. At least, the process is a little more complicated than packing up boxes and buying a home in another state. However, it is not impossible to move with kids after a divorce. Continue reading to learn more about how you can relocate while also retaining custody of your children.
How To Move With Kids After A Divorce
The process of moving out of state with kids after divorce requires a lot of communication and legal counsel. It is important to note that custodial parents that are currently located in Utah cannot move out of the state with out the permission of either the child’s noncustodial parent or the court. Utah state law states that custodial parents may not relocate more than 150 miles away from their children’s noncustodial parent without the noncustodial parent’s consent or through a court order.
Gain Parental Permission
The simplest way for a custodial parent to relocate would be through obtaining the permission of the noncustodial parent. Many times, if individuals are on good terms with their ex-spouse, then they will communicate the plan to move to another state or area and then come up with a custody and parenting time distribution agreement. Even if you come up with a system that will work for both parents, you must still go before a judge to acquire the proper approval for relocation.
Get A Court Order
The other way to move with kids after a divorce is to get a court order. There may be instances in which a custodial parent may not be in direct contact with their child’s other parent or where they are unable to come to a consensus. If a custodial parent is still wanting to move they can formally request relocation with the court and notify the other parent. The notification must be posted 60 days before the planned moving date.
If the other parent contests the moving request, a judge will decide whether the move would be appropriate. The judge will make several considerations including the reasoning for the move, what is in the best interest for the child, and how the move would impact the relationship between the child and either parents. If the relocation is approved, a modified child custody agreement will be arranged.
In some cases, parents will have already discussed relocation arrangements while in the divorce process. If this is the case, and the parents have agreed upon moving plans, then they will simply have to go before a judge and acquire formal approval. If things have changed and one parent is no longer comfortable with an arrangement, then they may have to get a court order and go through that process. Divorce decrees are important for when there is a dispute such as this, so obtain a divorce decree once your divorce settles.
Contact Us For Expert Legal Advice
We at Kaufman, Nicholas & Kaufman offer expert legal advice to those that are experiencing divorce and the repercussions that can come after completing the divorce process. Our attorneys are experienced and knowledgeable and are passionate about helping individuals improve their lives, protect their assets and their children, and be able to move forward with confidence. We also provide legal advice and assistance for other issues surrounding divorce and family law. For more information, reach out to us today.