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What If A Spouse Wants To Move Away?

Typically, at the time of the divorce, both parents are living in the same town. But it happens sometimes that at some point after the divorce, one parent wants to move away.

Often this is because of a job offer. Other times, the party simply wants to return to his or her family.

The issue then becomes: can the parent who is staying behind prevent the other party from moving?

If it is the parent who does not have physical custody, there is no issue. That parent may move. Often, visiting arrangements have to be changed, to allow for fewer, but longer, blocks of time. Typically, children visit spouses in other states during winter break and for part of the summer.

However, if the parent who has physical custody wants to move, and the other parent protests, the courts in most states have the authority to decide, on behalf of the children, whether the custodial parent may move.

Click here for factors the courts use in making that decision.

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