When you get divorced, it may really signify a new stage in your life. Many people choose this time to relocate, seeking a fresh start. Maybe you only moved to Indiana because you married your spouse, for example, and you would like to move somewhere else now that your marriage has ended.
If you and your former spouse do not have children, this is a simple process. But if you do, things can get much more complicated because you have to consider the child custody rights that you and your ex share.
Modifying the custody order
One potential issue is that the court has issued a physical child custody order splitting custody between you and your former spouse. Say that you use a 2-3-2 schedule, for example, where your children live with your ex for two days, with you for three days, and then with your ex for the last two days of the week.
A minor relocation probably will not interfere with this, such as moving to a new house or a nearby town. But a major relocation, such as moving out of state, could make it impossible for your ex to see the children on the schedule.
As such, before you move, it is very important for you to request a modification of that child custody order. You need to ask the court to change the order so that you do not violate your ex’s custody rights. They may ask you for good-faith reasons why you want to move. It is very important to seek the modification first rather than simply moving with your children in a way that would violate the order.
Your legal options
Conflicts over child custody rights are fairly common after a divorce. It is very important to understand how to adhere to the standing custody order, what legal rights you have and what steps you will need to take at this time.