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Can your ex move away with your kids?

With as devastating an impact your divorce can have on you, your ex-spouse and/or your children, life will go on. Part of that may include your ex-spouse choosing to move away from East Aurora. That can present problems if you share custody of your kids. It may go without saying that putting more distance between you and your kids will place added strain on your relationship. It is also unfair to place the burden on you to shoulder the added financial and emotional burdens of maintaining your current custody situation for a decision that was not yours to begin with.

How, then, might the court overseeing your divorce case handle your ex-spouse's decision to relocate. Often, it will place provisions in your divorce decree detailing the process you both must follow if you want to move away. In the absence of such stipulations, however, your ex-spouse will typically have to ask the court for permission to relocate (that is, if they hope to maintain their same custodial rights). 

According to the New York City Bar Legal Referral Service, the court will consider the following factors when reviewing your ex-spouse's request to relocate with your kids: 

  • Their reason for wanting to relocate (along with yours for opposing it)
  • The quality of your kids' relationships with both you and your ex-spouse 
  • How the proposed move would impact your ability to maintain contact with your kids
  • If it would be possible for you to maintain a relationship similar to what you now have with your kids if they relocate 
  • The benefits the relocation would have on your kids' lives

You and your ex-spouse could spare your kids the stress that comes with a debate over a proposed move by working together to come up with a revised custody agreement on your own. 

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Hall, Ricketts, Schuller & Gurbacki, P.C.
471 Main Street
East Aurora, NY 14052

Phone: 716-243-3515
Fax: 716-652-2058
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