Your ex-spouse is thinking of relocating. Your ex-spouse may have relocated already. They may have their reasons. There could be financially rewarding job opportunities. It might be they feel they have better family support where they are going. There might be better schools where they are going. Then again, it may not turn out that well. They might end up in a dangerous neighborhood. The bad thing is your ex-spouse didn’t even consider to give you a call and tell you. They’re moving with your children.
Click here to watch the video on How Do I Deal With Custody When My Ex Is Constantly Moving Homes
You’re right, your ex-spouse should have at least given you a call. They should have sat down with you and given you a chance to talk. Work it out with you. Your ex-spouse should have considered the impact on your children. Think through the effect of such a move on your children’s well-being. If you want the court to take your side then put the child’s well-being above anything else.
How Does My Ex-Moving Frequently Affect Custody?
Attorneys here at Goldman & Associates Law Firm are going to be upfront with you about the many hardships that divorce brings. Children are not going to take it very easily. Their very being is not built to drastic changes more so when a parent decides to relocate. Relocation in short distances may not get much reaction from parents or the court. Moving out of the county or out of state is a different matter.
Logistical Challenges Won’t Make It Easy. Moving a few blocks from where you are now may not affect families much nor will it instigate a change in custody. It may impose certain inconveniences on the co-parent.
- A move may stretch an already long drive for drop-offs or pick-ups even longer.
- Visitation schedules can all go awry because of this change to the routine.
- Now, the court may have to consider adjustments to an already agreed parenting schedule.
You Can Bet on Changes in Custody. Long-distance moves can certainly affect the child’s routine and most often a big chunk of their life. You put the court in a position to reconsider the impact on the child’s best interest.
- Long-distance moves pose difficulties for the co-parent in engaging with the child.
- For the same reason, children will lose their usual ties like friendship and learning rapport with teachers.
- It forces the court to look back on the custody arrangement.
Dangerous Neighborhoods Raise Alarms. Relocation forced by circumstances like an eviction can create very sudden and very high-stress conditions for children. Such unstable circumstances are taken seriously by the Michigan courts because it now boils down to child safety and well-being.
- Certain areas in Michigan contribute to a high crime rate for the state, which means parents have to be wary when they relocate.
- A parent’s choice that implies a lack of consideration for the safety and security of their children will not go unnoticed by the court.
We do understand that a person with your aspirations and desires may want to relocate. Do consider that as a parent you may have to take a different perspective. There are children involved, your children. Just like the courts, we at Goldman & Associates Law Firm, do believe the children will have to come first. Think this relocation thing through for the children’s sake.
Can Custody Change If My Ex Moves Over 100 Miles Away?
So you’re saying that it’s just 100 miles away. Yes, 100 miles of change can make school or visitation very difficult. This is the reason you need to think this moving through. If you ask the court, the court will take the children’s lives first in the equation. We’re telling you right now that the court will look into your 100-mile move and look at it from the point of view of the children’s well-being. You’re asking if custody can change. Yes, it will most likely. Why?
Impact on Physical Health. Most mothers who are the first caretakers of children will learn of this quickly. Long trips can have a toll on the child’s body.
- They may have to wake up early hence they won’t get enough sleep.
- The anticipation of long trips means a lot of things will be dumped into school bags draining energy.
- Even you, an adult, know how much discomfort long hours of sitting will do.
Impact on Academic Performance. The toll on health and hours of wasted time traveling can affect children’s academic performance.
- You’ll notice the shrinking hours every day for homework.
- The child’s concentration will wane and it will be harder to study at home.
- This waning concentration will also manifest in class.
Michigan Courts Perspective. You certainly have your reasons for moving. You may truly believe such reasons are valid, but let’s look at the court’s perspective. Let’s get that reality check because somehow you’re going to end up in court.
- You will have to be convincing and factual. Present your reason why the move is needed.
- A Michigan court can have a very strong bias of looking at it from the side of children’s well-being. You better be on the same page as the court.
- Your decision to move may have more problems than real solutions for you and your child. The court may not be too keen to take your side.
Don’t get too wrapped up in your agenda to move. You need to consider your child’s well-being in this matter. You need to think about how it will affect the relationship of your children with your co-parent. You’re not the only one with a stake in this decision to relocate. You may find out later the court too will step in and make its position clear. It may not be in your favor.
What Happens If My Ex Moves to a Dangerous Neighborhood?
Michigan State may not rank high as the most crime-prone state but we’re not also in the low rank. So be wary of where you take your children because certain areas in Michigan may not be that safe. Crime rate is an obvious factor in rating a neighborhood as dangerous or not. Dangerous neighborhoods quite certainly are not the best place for children.
If Your Ex Insists on Moving. As we mentioned, the court will have a strong bias for protecting children.
- The court will see the move from the perspective of children’s safety and security.
- For this obvious reason, think if your decision to move is for or against this court’s bias.
- If you are the parent who just moved with your children, expect the co-parent to object. If you are the parent objecting to the move, you have grounds to do so.
Any of you can call a lawyer now. There’s a number to call at the end of this article.
Notification and Court Approval. Your ex-spouse just moved with the children. They move more than 100 miles or worse, they move out of state. Your ex-spouse will need court approval for that move. The court still needs to consider if such a neighborhood is safe. So remember this.
- Relocation beyond 100 miles often needs court approval
- The safety of the neighborhood is a factor the court looks into.
- You and your ex-spouse must agree to this move.
Parental Agreement. At times, parents have agreed to a move. If the decision is mutual, the move will most likely be approved. With safety concerns, the court may still intervene.
- Agreements between parents to support a relocation can be considered and approved.
- Safety concerns can supersede an agreement between parents.
- The court will always default to protecting the child.
Legal Custody. A custody arrangement can be a strong driver in determining who gets to decide on relocation. It does not mean you cannot ask the court to reconsider. As a parent, you have the right to ask the court.
- Joint legal custody means you and your ex-spouse can decide on the move together.
- Your ex-spouse’s decision to move can be challenged in court.
- Even with joint custody, the court will still factor in the safety of the neighborhood.
As a parent, a move is a legitimate matter for decision. You still need to consider the necessity of the move more so if it is moving into dangerous places. Remember that the reason for the move will not be seen from your point of view. The court will default to its bias of protecting children.
Can the Court Intervene If My Ex Keeps Moving?
As we mentioned, any decision to move will have a way of disrupting the lives of the children. The move will create instability and such conditions do not go well with the court. A Michigan court can intervene in such situations.
When the Court Intervenes. As we said, the court’s bias for the children’s well-being drives the cause for intervention.
- We’ve already established that moves do affect the children. It affects negatively their routine. It impacts their performance in school.
- Moving to dangerous areas is a very real cause for concern and more so with the court.
- There’s always stress with relocation. It does not augur well for the child’s long-term well-being.
How the Court Intervenes. Now, your ex-spouse has moved and has taken the children again. It’s part of a series of moves you don’t want to put up with anymore. You can ask a Michigan court to help. Here’s how a Michigan court can take action on your request.
- File a motion first. Better yet get a lawyer to do it for you.
- This will help you get a hearing.
- The court can make a ruling for custody evaluation. Get an evaluation to have a better understanding of the situation.
- Like always, the best interest of the child will be a factor in this evaluation.
We do understand that at a certain point, the constant moving is intolerable. It will have a toll on the children and you. There are avenues in Michigan to put a stop to it and the court can help. Get a lawyer to help you get it done fast and smoothly.
How Does the Instability of Moving Affect a Child’s Well-Being?
As parents, sudden changes in our lives are either overwhelming, stressful, or exciting. To children, this often is not the case. A move often has very bad outcomes for children. The effect cuts across layers or dimensions in their lives.
Disruption of Children’s Routine. A child thrives in simplicity. They find peace in predictable activities in everyday things. Moving alters all that.
- They might struggle with the new routine of going to and from school.
- Schedule changes often affect sleeping and eating habits.
- A level of insecurity engulfs their way of viewing new things.
The Adverse Impact on Academic Performance. The change that a move brings can interfere with a child’s school performance.
- Catching up with a new curriculum will often be a challenge.
- A change in school means new teachers and a new way of doing things. It makes learning harder.
- The move disengages a child from their friends. They will start the whole challenge of establishing new ones. Add the difficulties of fitting into a new campus culture.
Emotional and Social Strains of a New Place. For some, the thought of a new place already fills a child with anxiety. The emotional toll of losing friends and trying to fit into a new “tribe” can fill a young heart with dread.
- Some children have a general anxiety about new places.
- Leaving friends and making new ones don’t always come easy.
- Isolation or loneliness can set in quickly in unfamiliar surroundings.
Physical Health Concerns. Moving means a whole flurry of activities that are often tedious and draining.
- Fatigue can get you after all that packing, traveling, and adjusting.
- The stress of moving can manifest in the form of headaches or stomach aches.
- The post-relocation maladies can get you. Not getting enough sleep or loss of appetite.
The Loss of Parent-Child Engagement. You feel the move is affecting your relationship with your child. The feeling might even be worse for your child.
- Your child may feel betrayed and ignored. They will feel that they were not given a chance to take part in the process that affects them.
- The challenges coming with the move like less quality time with children will start to bite. It will be painful for both the child and the parent.
- Parents will become busy with the move or the consequent outcome of the relocation. For a time, the children will be ignored in the process. Emotional disengagement follows.
Moving to a new place might be exciting to a parent. A move will not be the same for children. The decision to move is a decision to change a big part of a child’s life. It will not be easy and it comes at a cost that is not always about money. It’s something more.
What Should I Do If My Ex’s Moves Affect My Parenting Time?
There will be distance. There will be a disruption of routines for both the child and the parents. All that will make it hard for the visiting parent. The visiting parent may have to ask for help from the court to help fit one’s life into this new normal. The court will try hard to be fair but understand that this will be in the context of the child’s best interests.
Get a Perspective of How It Affects Parenting Time. The move can be hard or easy for you to spend time with your child. You will be objecting to all the changes affecting your parenting time. You might have to change your plans.
- The distance will make travel harder and will eat up your time.
- Your child’s school schedules may no longer match your routine or schedules.
- The traveling will mean more or new costs for you.
- The changes may affect your dynamics and engagement with your child.
Talk to Your Co-parent. Start a talk with your ex-spouse. Be calm, kind, and thoughtful in your interaction with your co-parent. It never hurts to be respectful.
- Share your concerns about the decision to move.
- Suggest changes that can work for both of you.
- Be willing to compromise to get the best parenting time for both of you.
Ask for Custody Modification. The move might be very difficult for you. Ask the court for relief and changes in custody. The court can find a fair way to achieve outcomes for both parents.
- You may ask for changes in pick-up or drop-off locations.
- The court can change the parenting schedule to accommodate the new normal.
- Show how the move has made parenting time harder for you.
The Child’s Well-being as Top of Mind. Your child’s happiness matters above all. The court will have the same perspective too.
- Be there for your child always. Make sure your child knows that.
- The way to do that is to be involved. Make an extra effort to be in the present with them.
- Show your children you are working together for their benefit. Be sincerely willing.
At some point, the frequent moves will affect your parenting time. Here’s the thing: Don’t ignore the problem. Have that talk with your ex-spouse. You need to focus on your children’s happiness. You can’t do that by looking the other way about this moving around. Ask help.
What Are My Legal Options If My Ex Moves Without Notice?
It might be your ex-spouse is hard of hearing. Your ex-spouse can hear but can’t understand your point of view. Your ex-spouse might be ignoring you to get back. Regardless, your ex-spouse chose to move and took your children in the process. Against your ex-spouse’s better judgment. Against your objection. Even against a court-approved agreement. Now you’re forced to entertain alternative courses of action.
Review Your Custody Order. You have a copy of the custody order. Go at it again and see what it provides. Go over the provisions with more care this time.
- Check if the order says your ex needs to give you notice before moving.
- Find out if there are specific rules about moving or relocating with the children.
- Verify if the move violates any part of the custody order.
Document the Move. You need to gather as much detail about the decision to move and the effect of the move especially on the children.
- Write down when you found out about the move.
- Gather evidence such as messages, texts, emails, or missed visits.
- Note how it affected your parenting time.
Reach Out to the Court. If the violation of the custody order is clear and undeniable, ask for help from the court. Legal action can effectively resolve this. It can also prevent similar issues in the future.
- File a motion for contempt. This is if the violation is clear and undeniable.
- Ask for an updated custody order with a provision addressing relocation concerns.
- Ask the court to rule on a plan that makes sense for both parents.
Keep Your Child’s Well-being in Focus. Your child’s needs should come first because it does to the court. No doubt this could be the most challenging of situations. The child’s well-being must always be at the top of your mind.
- Avoid arguments. It stresses the children.
- Stay involved in your children’s lives no matter where they live.
- Show you are working towards a solution that works for everyone.
Your ex-spouse has moved against court orders and despite objections. Be decisive. Take legal steps to protect your rights. You can’t be involved if your ex-spouse takes your children so far away. Protect your parenting time. The court wants you to be with your children. Get legal help here and now. Make sure you can be there for your children by finding out your legal options.
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