What You Can Do if Your Ex-Spouse is Moving Away with Your Kids

If you were recently told by your former spouse that they are moving away with your children to a place that will be tougher for you to visit regularly, you might be wondering what your rights are as a parent and if you have any recourse to prevent the move or change your custody arrangements.

This is fairly common, as many parents with custody move within the first several years after divorce or separation.

What are your options?

The steps you take will largely depend on the kind of relationship you currently have with your former spouse. If you are at least able to hold cordial conversations with each other, then your first step should always be to talk about the situation with your former spouse. Make sure they know just how important it is for your children to still have frequent contact with both of you, and how the proposed move would potentially make this difficult.

Matters become a bit more difficult if you and your former spouse are not at all on speaking terms. You might work with a mediator or therapist to try to facilitate conversation, but if the relationship is especially contentious, that may not work in your favor.

Courts will generally respect a parent’s right to relocate, so it can be difficult to prevent an ex from moving away, even if it impedes your visitation rights. Attorneys can help you work with the court to propose alternatives, but it is unlikely you’ll be able to completely prevent your former spouse from moving.

For specific advice for your case, work with an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.