Moving to Another State


© Annelies Mouring

With today full of fax machines, the Internet, and other forms of quick communications, the world does seem like a much smaller place. Thus, it is almost natural that we have also become a more transient society. That, however, does not make the decision any easier. Whatever the reason, whether for a new job offer, job relocation, or just a chance to be closer to family, it still remains a cumbersome decision.

As a divorced parent, there can be more considerations than just the sale of the house or which moving company to use. A divorced parent must consider other items that would affect not only the children but the ex-spouse.

Check the final judgment.

There are many divorce decrees that might require court approval or even a court hearing before a move can be approved. Some decrees are even so specific that they might prohibit relocation. However, don't be discouraged if such language does exists because a legal professional may still be able to help or modify the decree in certain situations. Check with a legal professional to help you with specifics.

Consider change in visitation.

Remember and take into account that a move to another state would require a change in visitation. Since a move to another state usually would mean a distance, then a visitation schedule that was once every weekend would change to less frequency.

Don't move during the divorce or shortly after.

A change in venue during a divorce or shortly after could cause many unexpected difficulties with the children. Divorce is already difficult on children; don't make it more difficult unless the move is unavoidable.

Make pre-arrangements for visitation expenses.

If you decide who will pay for the costs of transportation and means of visitation before the move, then after the move it will be less trouble. It will be better for both parents if both know the stakes up front.

Remember that by moving, until you change your file and your decree, that only the old state can enforce it. Until you have the judgment accepted in the court of the new state (a lawyer or self help clinic can help to do this), the old state has jurisdiction. So, if you need any enforcement, like non-payment, then you need to have that done in the old state.

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