Getting a divorce can cause many changes in any Oregon resident’s life. You and your ex-spouse may have made many important decisions during your case, including those relating to custody and outlining when you would each see the children. Though it may have been a difficult adjustment at first, you feel that you have gotten into a routine.
However, you now have major concerns because the other parent has informed you that he or she wants to relocate and take the children. You may immediately want to object to such action, and you likely have legal grounds to do so. Still, the possibility does exist that the other parent could move with the children.
When is moving with the kids possible?
If you object to your ex moving with the children, you may end up having to go to court over the matter. Still, you may want to keep in mind that the court could approve the relocation, especially if any of the following factors apply:
- Relocating would allow the other parent to obtain a better job or better housing.
- You would still have the ability to visit the children on a regular basis.
- Moving would put your ex and the children in closer proximity to grandparents or other extended family.
Of course, the court is commonly in favor of disrupting the children’s lives as little as possible. As a result, if it seems as if relocation would cause too much turmoil for the children, such as resulting in them having to change schools and leave their friends, the court may not approve relocating with the kids.
The court will likely also take other factors into consideration when determining whether relocating would cause too must distress for the children. Some information you may want to keep in mind includes:
- The court will look at the distance between the proposed new home and the current home.
- The court will consider whether relocating would improve the children’s quality of life, including whether they would receive the same quality of education and have the same opportunities.
- The court will take the age and maturity level of each child into consideration and may even ask older children about their preferences.
Worrying about having your ex take your kids somewhere is understandable. Still, fighting to keep them in the same area can be difficult. Fortunately, you can work to create a strong argument as to why you believe that relocation would not be best for the kids. Discussing your concerns with a family law attorney may be helpful.