Can you relocate for work if you share custody?

You’ve been searching for a new job ever since your divorce, and you’re open to looking for opportunities outside of California. You’ve recently been offered an excellent position. It would be a major life change, as it is based in New York City, but you’re wondering if you should take it.

Professional considerations aside, you may be worried about what your custody arrangement means for your ability to move. For instance, maybe you and your ex share custody of your children, with the children switching off between your two homes every week. Can you still move out of California and take this new job?

Modifying the court order

It is possible to move after a divorce, even when you share custody. However, if you’re planning to move some distance, you’ll need to have the court order modified. Otherwise, you are still obligated to make those weekly exchanges with your ex. If moving to New York would make that impossible, it could be a violation of your ex’s parental rights. It could hinder both of your relationships with the children.

That said, the court does understand that people sometimes have to move and need to modify their custody arrangements. The court just wants to see a good-faith reason to do so, and taking a new job is one example. Others include moving closer to extended family members or going back to school.

No matter what your reason, the key is to modify the arrangement in advance so that you don’t put your own custody rights in jeopardy. Be sure you know exactly what legal steps to take to improve your chances of getting the modification you’re seeking.