Robert W. Davis, Jr.,
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How could a move impact your child custody order after divorce?

On Behalf of | Jan 20, 2023 | Child Custody |

Divorce will bring significant changes to every area of your life, and you may find that these changes continue to impact you as you move forward. Putting your life back together after the end of your marriage may include new decisions and a fresh start, and you may believe that an important part of this is moving to a new home. By moving, you can start your post-divorce life in a place that is not associated with your marriage. 

Regardless of why you want to relocate, there may be certain things that could impact your ability to do so. One of the most important factors of things that could determine how and when you can move after a divorce is your child custody order. It is possible that your custody and visitation order may affect your ability to move more than a short distance from where you currently live. 

Determining where you can go 

If you are the custodial parent, your child is likely with you for the majority of the time. You may assume this means that you can do what you want, including relocating. However, this is not the case. Regardless of who has primary custody, both biological parents have rights, and relocating with the children could impede those rights. You may find that this makes a difficult and stressful custody situation even more complex, and it could ultimately have a negative impact on the children. 

The primary factor in how a court will address a potential relocation to a different city or state is whether it is in the best interests of the child. This includes the possible impact of changing schools, moving away from friends and the disruption of the continuity of lifestyle. A move could also affect the other parent’s visitation time and ability to remain a critical part of a child’s life. 

Know your rights and options 

A Mississippi family court may not permit you to move with your child if it is needlessly disruptive to his or her life or affects the rights of the other parent. You will benefit from seeking the guidance of a knowledgeable professional if you truly believe that relocation will be best. An assessment of your current custody order and the details of your individual situation can help you understand how to balance your post-divorce goals, parental rights and the best interests of the children. 


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