Moving after divorce: Can you take the kids?

You’ve been wanting to move back to your hometown, but it’s several hours from where you and your spouse lived. Now that you’re divorced, you want to move away, but with children, you feel it’s impossible. If you’re three or four hours away, visitation would be much harder.

You still want to try to move, though, because the job opportunities in that area are better for you. You have family there, and you’d have more support. Your ex-spouse isn’t keen on having your children travel so far, even though the move could be beneficial.

Can you move after a divorce when you have children?

Yes, you absolutely can move, but whether or not you can move with your children is another matter. You will need to ask permission to move with your children, as the custody agreement that you have in place would likely need to be modified. Additionally, a major move can cause distress for children, so a judge will want to know that the move is necessary and beneficial in the long-term.

The notice you have to give for moving depends on a few factors, such as how far away you’re moving, how the custody arrangements would be affected and the custody schedule you’d like to have in the future. If you want to try to take your children with you, then your ex-spouse may need to agree. If they don’t, then you will have to present your case to a judge to determine if your move has merit. That can be a difficult task, which is why many people who intend to move following a divorce work with attorneys to get clearance to take their children with them.

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