Relocation After Divorce
Moving with Children After Divorce
Do you need to move to another city or state? If you have child custody, your relocation may be prevented by the other parent, and it is advisable to seek the counsel and representation of a Lexington divorce attorney as early as possible to avoid unnecessary complications. An attorney can also help if you are the non-custodial parent and your right to see your children is threatened by a move away. The Farley Law Firm, LLC provides comprehensive family law services to parents in our area, and my firm is available to begin work on your case immediately. I have been admitted to practice in every court in the state and you can reach me for support and guidance 24/7.
What to Do Prior to Relocating
Before you can legally relocate with your children, you must successfully petition for a modification to court orders, as you are bound to abide by the terms of the divorce settlement. Moves of a short distance which would not reasonably interfere with the other parent's visitation rights are acceptable, but if your relocation would effectively prevent visitation, you can be charged with contempt of court. The judge will not approve your petition unless there is clear and convincing evidence of why it is necessary or desirable, such as for employment, to be near to family or to provide the children with better educational opportunities. You may also be able to present evidence that the non-custodial parent has been negligent in exercising visitation rights.
The court will always rule in favor of a plan which serves the children's best interests, as well as preserving both parents' ability to play a meaningful role in their lives. I can help you fight against losing your children to a relocation on the grounds that they would be better off staying where they are, or by challenging the evidence that the benefits of the move outweigh the cost of separation.