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Relocating After a Divorce


Getting a divorce can be a pretty tedious process. While things may be easier after the divorce is finalized, there are things that you’ll still have to sort out. One of which is the issue of moving out of the marital home. Are you actually allowed to move out and relocate after a divorce?

Am I Allowed?

Simply put, you are allowed to move out after a divorce. If you two don’t have any children together, then that makes things much simpler. You can most definitely move out after everything in your divorce has been settled. But if you do have children together, that’s where things get a little more complicated. Whether or not you are allowed to relocate depends a lot on your custody agreement. This ensures that both parents can see their children, be it the custodial or non-custodial parents. The agreement may limit where the custodial parent may move to ensure the non-custodial parent can see their child.

What You Can Do

The best way to sort out this issue would be to settle it as soon as possible, such as during the time that custody of the child is being decided. This can be brought up and then agreed upon by the court. After all, the court still decides custody based on the child’s best interest. And if moving is in the child’s best interest, it may be easier for you to relocate. But if, for example, you decide to move after custody has been decided, you could still appeal to the court and have them consider your move. If you and your ex-spouse are still on good terms after the divorce, you can also bring it up with them before appealing to the court so that it would be easier for the court to allow you to move.

Moving out and relocating after a divorce is still possible, but isn’t easy to do. Your decision to move may still get in the way of your child’s custody agreement with your ex-spouse. If you really do decide to move, it would be best to sort all the details out with the court and your spouse to help make relocating possible and ensure it does not violate any agreement made during the divorce.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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