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You can fight relocation to keep your child close

You love your child, but you and your ex-spouse did not get along as a married couple. As a result, you separated and divorced. You had a good custody schedule, where both of you spent around 50% of the time with your child. Everything seemed good for a while, but now your ex is asking to relocate and take your child with them.

Your ex-spouse has said that they don't want this to become a battle, but you think it's unreasonable to move away when you both have custody rights. Your child already has a good school, friends and family here. Your ex-spouse argues that they'll be able to get a better job, put your child through a better school and provide more toward their future if they move.

What is going to happen? Can you fight this move?

You can. If you share custody, then the other parent can't move without getting permission from you and the court. Moving has to be in your child's best interests. If you don't agree with the move and want to keep your child where they are, you should collect information such as school records and statements from others to support your case. Similarly, the other parent should provide documentation showing why the move is a better option for your child.

Depending on how far away the move is, you may be able to come up with a new custody schedule that still gives you or the other parent a fair amount of time with your child. However, if the move is far away, then it may be more difficult. Our website has more on relocation and what to expect if your ex-spouse wants to move away with your child.

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