| When two parents decide to get a divorce, one | | | | state without the court's permission, effectively |
| of their main concerns is protecting their children | | | | taking the children away from the other parent |
| and providing for them. Child custody and child | | | | against his or her will. If this happens, the custodial |
| support are some of the major issues that must | | | | parent who took the children could be held in |
| be decided when a divorce involves children. | | | | contempt of court. A civil contempt of court |
| Typically when two parents divorce, either the | | | | action could order the parent to return the |
| parents are awarded joint physical custody, or | | | | children to the state and appear before the court. |
| one parent is granted physical custody and the | | | | If he or she refuses, the offending parent could |
| other is given visitation rights. The court will | | | | be heavily fined and/or jailed. |
| always try to rule in the best interests of the | | | | Negotiating with Your Ex Spouse |
| child, and if both parents are willing and able to be | | | | If you decide that you want to move out of |
| involved, the court will usually rule for both | | | | state with your children, or must move away |
| parents to have custody. Unfortunately, a parent's | | | | from employment reasons, try talking to your ex |
| custody or visitation rights can be threatened if | | | | about the move first. S/he may object, and it |
| one parent decides to move out of state with | | | | may take some negotiating to decide upon an |
| the children. | | | | agreement. Some options that may make the |
| Is it Legal to Move the Children After a Divorce? | | | | deal more agreeable would be to agree to pay |
| If a parent with joint or sole physical custody | | | | for a plane or train ticket for the other parent to |
| decides to move out of state, s/he must first | | | | come visit periodically, or to give the other parent |
| get approval from the judge or court who | | | | more time with the children over school breaks |
| decided the divorce. The other parent may feel | | | | and holidays. If your spouse absolutely will not |
| that his or her parental rights would be | | | | compromise but the move is necessary for your |
| compromised by the move and may object to | | | | job, you may appeal to the judge or court and |
| the children being taken out of state. If the judge | | | | explain the importance of the move. |
| or court feels that the move would be against | | | | No matter how a difficult a move may seem for |
| the children's best interests by taking away the | | | | parents, it is often much harder for children. Not |
| opportunity to see one parent, they may deny | | | | only is a move to a new area and school |
| the request to move. While it may seem | | | | intimidating, the children may also feel isolated |
| inconvenient to have to get the court's approval, | | | | from their other parent. If you are considering or |
| it is important to remember that the move could | | | | anticipating a move to take your children or have |
| be detrimental to the children's lives by denying | | | | your children taken away, consider talking with an |
| them time with a parent. | | | | experienced child custody lawyer. A child custody |
| Moving Without Permission | | | | attorney can provide sound legal advice and |
| Sometimes a parent decides to move out of | | | | assistance to help assist you with your case. |