Following your divorce, it is possible that you and your ex-spouse will lead very separate lives. If you have children together, though, then any decisions made by either party are likely to impact the entire family.
If your co-parent expresses a desire to move to another state with your children, it goes without saying that this would affect your parenting time and infringe upon your custodial rights. It is important to understand the rights that each parent has regarding a potential move and how you can arrive at a compromise that benefits everyone.
Your co-parent’s custody rights
There is a limit to the decisions your ex-spouse can make without your approval, even if they are the primary custodian of your children. You likely retain many legal custody rights over your children either way. This means that you have the right to have reasonable access to your kids and that your ex-spouse cannot move out of state with them without permission from yourself or the court.
Your options for a compromise
It is possible to reach a compromise that satisfies your co-parent’s desire to move and both parties’ rights to see the children. This will likely require revisiting your custody agreement and modifying it accordingly. Undergoing mediation with the guidance of an impartial mediator can help ensure that you arrive at an outcome that is favorable for the whole family.
Ultimately, your ex-spouse cannot simply move out of state with your children. They must first arrive at a compromise that convinces either you or a judge that the move is acceptable.