Divorce get complicated when kids are involved. It’s difficult enough when you’re trying to resolve basic custody issues with an ex who lives across town. But what can you do if your ex-spouse is moving away and wants to take the kids away, too? Can you stop this from happening?
While most lawyers will try to include terms in a shared parenting agreement that describes how vacationing and relocation will be handled, all too often, custody agreements are silent as to these matters. Also, when parents do not share legal or physical custody, the non-custodial parent may not have as much of a say, depending on the state, even for a permanent relocation. To complicate matters further, each state handles custody matters according to state law, so different states can reach different results with the same facts.
Generally, however, a parent can seek to petition the court to modify or enforce a custody order to address changed or changing circumstances.