If you want to move away with your child, this is a serious issue that will need to be addressed with your ex-spouse. Prior to moving, you will need to make sure that you are not doing something that violates your court order.

Moving away with your child isn’t always going to be easy. To start with, you have to look at your current custody plan and how it would be affected. If you would be taking custody time away from the other parent, then the court may frown on the move unless you can show that the benefits outweigh the changes to the custody order.

There is no simple solution in a situation like this unless both parents agree to the move. For example, if the child’s father runs a business and travels often, he may find it easier to allow his ex-wife to take over caring for their child and to visit regularly. On the other hand, if the father currently sees his child regularly, he may fight a move because it would take away valuable time with his child.

What should you do if your ex-spouse fights your relocation?

Be prepared to back up  your request with detailed information, such as how you will be closer to family who can help with child care, that you’ll be attending school and have more time for your child, that you’ll be taking on a better-paying job or even that the new school system is more appropriate for your child. You want to show that this was not a spur-of-the-moment decision, but instead, a move that could make major improvements in your life and in your child’s life.