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When your co-parent objects to a move

On Behalf of | Aug 13, 2022 | Child Custody

If you’re single or divorced without children, it’s up to you when and where you want to move. But if you’re divorced, and you have children with a former spouse, this can cause some problems.

For example, say that you’re originally from another state, but you moved to Michigan for college. You got married, had a child and then got divorced. You’d now like to move back to your home state, but your co-parent objects to this move because they say it would infringe on their custody rights. They don’t think they’re going to be able to see the child if you move and take them along.

What can you do?

There are cases in which you’re simply not allowed to make a certain move because your co-parent also has rights to see the child. But you can ask the court to modify the custody arrangement and approve the move over those objections.

To do so, you may need to demonstrate to the court that you actually have a good faith reason to leave the state. Examples of good faith reasons that you may use include furthering your education, taking a job or trying to improve your standard of living. In this specific hypothetical example, you may also claim that you just want to move closer to your extended family members. They may want to get to know your child, or perhaps your own parents will help you raise the child.

It doesn’t guarantee that your request will be granted, but this is the sort of evidence that you need to provide to show the court that you’re not attempting to infringe on your ex’s rights intentionally. This is a complicated process, and the ramifications are quite serious, so make sure you know exactly what steps to take