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Relocating with your children after a divorce

In an increasingly mobile society, people frequently move for a vast number of reasons. For the recently divorced, moving might be necessary to obtain a better job to make up for the loss of two sources of income, or perhaps this is the best way to make a fresh start. Whatever the reasons might be, moving can create some problems if you share children with your ex-spouse, particularly if the move is far or out of state. If your parenting plan currently allows your ex-spouse visitation every other weekend, your relocation will clearly interfere with this.

Filing for Relocation

For the parent who would like to relocate, he or she can file for a modification of the existing custody order to request permission for the move as well as a new parenting plan. However, the parent who is staying can file a request with the court as well to attempt to prevent the relocating parent from taking the children. You do not necessarily need to take this issue to court. In fact, you and your ex-spouse can try hashing out the details in mediation. If you are not able to reach an agreement, you will have a hearing in court where a judge will decide if the move serves the best interests of the children and if it will provide a better quality of life and a stable environment.

To build a strong argument for your case, consider focusing on gathering evidence that will help persuade a judge that:

  • The relocation will provide a more stable financial situation for your family: If you are relocating for work, be prepared to provide evidence about your new job, including the new salary and benefits that can help improve your family’s situation. If you are relocating to move in with family so you can save on living expenses and daycare, show how much you will save.
  • You are moving to get married: Getting married is a common reason for relocation, but you cannot cite this as your only reason. You have to prove that this new marriage will provide a better home, more support, an improved financial situation for your family, a more cohesive family unit, and an overall positive change.
  • You will have a better support system: If you are currently living far away from your family and do not have much of a support system, moving closer to your family can be a very positive change for your children. Explain to the court how much family you will have in the new location and how they can assist you.
The more evidence you provide, the better you will appear, so attend your hearing with as much information as possible.

Jackson, MS Family Law Attorneys

At Shows Law Firm PLLC, our legal team is experienced and committed to helping clients effectively resolve a wide range of matters. Our goal is to help you decide on a legal course of action that protects your best interests and your family. Contact us today at (601) 664-0044 to schedule a free consultation.


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