Tag Archive for: moving and divorce

Moving Out of PA With Your Child Before Divorce

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Divorces offer a fresh start and an opportunity to move to a new location, putting the past behind you. However, moving out of state becomes more complicated if you have children with your ex-spouse. 

Relocating will affect your child custody arrangement and parenting plan. If you plan to take your child with you, be sure you understand the guidelines around moving out with your child before the divorce. 

Can You Move Out of State Before or During the Divorce? 

You can relocate before or during the divorce, but you’ll need to navigate the process correctly. The steps may look different depending on whether you plan to bring your child with you during the move.  

Moving Out of State With Your Kids

Moving out of state with your child before the divorce may sound like a tempting idea, especially if you don’t want your spouse to gain shared custody. But you cannot do this without severely disrupting the custody process — unless your spouse fully agrees. 

The court prioritizes the best interests of the child when drafting parenting plans. If you want to move out of state with your child, you’ll need to show that the move would be in their best interests. A judge would consider all of the following to make this determination: 

  • The child’s preference in custody
  • The ability of the child to maintain a relationship with the non-relocating parent
  • The reason for relocation
  • The age and needs of the child
  • The anticipated emotional and educational impact of the move

Working with an experienced child custody attorney can help show that the move would be in the child’s best interests.

Moving Out of State Without Your Kids

If you plan to move out of the state sometime after the divorce, even if you don’t plan to bring your children, make your intentions known. You would need to file a parenting plan modification to update the court about your relocation. You would also need to ensure your spouse can handle tasks like selling the house on their own. 

Planning for the move before you finalize the parenting plan will make this process much easier. If you move out of state, sharing custody with the child’s other parent becomes more challenging. You will need to consider both of your locations when drafting a reasonable and fair parenting plan. 

What About Relocating After the Divorce? 

If you want to move out of state after the parenting plan has been finalized, you’ll need to meet relocation notice requirements and modify the parenting plan. This involves attending a relocation hearing and explaining why the move would be in the child’s best interests. The child’s other parent has the option to submit an objection and counter-affidavit to your request. 

Seek Assistance With Custodial Rights and Relocation 

Your divorce shouldn’t stop you from pursuing career goals or aspirations that require you to move states. Karen Ann Ulmer, P.C., can help you protect your rights to custody during a relocation. Contact us today at 866-349-4461 for your consultation. 

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Should I Move During My Divorce?

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Not to sound like a lawyer, but that depends. If you feel unsafe or your spouse drives you crazy, you should move, but you should be aware of and prepare for the negative consequences. If you can still tolerate each other and be civil, you’re probably better off staying in the home, at least until you reach a divorce agreement. 

Moving out makes the most sense when: 

  • You’re earning an income that will pay for both homes’ expenses 
  • You don’t have kids or, if you do, you aren’t interested in having primary custody 
  • You (and your kids) must leave an abusive situation 
  • You’re not interested in owning the house when marital assets are divided 

Should you stay or should you go? You have to consider the issues: 

  1. Would Moving Impact a Custody Dispute? 

If you have kids, do you plan to move out with them, or will they stay with the other parent? Moving out of the home while your kids remain will likely impact your custody claim, so if that’s a priority, stay where you are. 

Unless you’re involved in an abusive relationship, it’s usually in a child’s best interests to stay in the family home during a divorce because it should minimize the potential disruptions to children’s lives.  

  1. How Would Moving Affect Your Finances in the Short and Long Term? 

Moving means two households and possibly twice as many expenses. Leaving your marital home doesn’t mean you no longer need to worry about its bills. If you share the title and a mortgage to a house, you must keep up the payments. You’ll have your new expenses, plus your old ones. Can you swing that? 

Your house may be the most valuable asset the two of you own. Though it’s no guarantee, when it’s time to decide who will get the house, the spouse living in or maintaining it can have a stronger claim than the one who moved out or who isn’t helping to maintain it.  

If you want the house when marital property is divided, remaining in it may help protect your interests. Leaving is not a big deal if you don’t want the house and would rather have your share of it paid to you in cash or some other asset. 

  1. Might Remaining at Home Push the Divorce Process Along? 

Emotionally, moving out can be a mixed bag. In the short term, the two of you are physically away from a source of stress which should improve your peace of mind. This reduced stress takes some pressure off and makes finalizing the divorce less urgent. Therefore negotiations may drag out longer. If you share the same household, the two of you may be more motivated to get the divorce over and done with. 

Don’t Make a Move Without Talking to Us 

Moving out of your marital home may have far more consequences than you realize. You may see living on your own as a major goal that shouldn’t wait for a finalized divorce. Depending on your circumstances, you may be able to achieve that with minimal impact on your interests. It may also be a significant financial stretch that can impact your ability to get custody of your kids and your house as part of the division of assets. 

Should you move during your divorce? Like all other issues, that depends on your goals, situation, and the law’s impact. If you’re thinking about getting divorced and how that’ll impact where you’ll live, contact us here at Karen Ann Ulmer, P.C., so we can answer your questions and discuss how we can help you.  

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