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Moving with a Child after Divorce

moving People move all the time. And when you add in a recent divorce, a move makes sense. You probably want to escape the city that left you with the bad memories. However, if a child was affected by the divorce proceedings, you may have more restrictions than you think.

Your specific divorce paperwork should show the limits of your travel. In most cases, travel is allowed, but only to a certain extent, such as the state lines or a mile radius. This is something most often worked out between parents or their attorneys during the divorce proceedings and is a part of the custody agreement. If you are the custodial parent, you generally must provide the noncustodial parent with formal notice, which the noncustodial parent can object to in court. Other states require the custodial parent to petition for the court’s permission to move. However, a small number of states have no travel restrictions.

There are consequences to ignoring travel restrictions or moving without court approval that include jail time or a fine, or even modified child custody. These laws are in place to protect each parent’s relationship with his or her child and the courts will examine what is in the best interest of a child, the legal standard that is applicable to most divorce or child custody proceedings.

When considering moving with your child before, during or after a divorce or a custody case, keep the best interests of the child in mind. No matter your relationship with you ex, your child may still deserve that bond, and breaking it could affect your child’s relationship with you and how you are viewed by the judge or court.

The Colorado Springs family law attorneys at Drexler Law Group are a knowledgeable third party and advocate who could provide a formal mediation or other services regarding your custody agreement as you prepare to move. Contact the office today for a consultation.


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Don't hesitate to contact us immediately to schedule a consultation. You can call us at (719) 471-8000, or email us at