As you work to move forward with your life following your divorce, you will inevitably come across new opportunities that may tend to pull you away from Wilmington. They may include the chance to pursue another relationship, the opportunity to advance your career, or even the desire to move closer to members of your immediate family.
Whatever your reasons for wanting to relocate, actually doing so becomes more complicated when you share custody of your children with your ex-spouse. Your decision to move will certainly impact your custodial arrangement; the question is whether that impact will be positive or negative.
You can control that impact (to a certain degree). By notifying your ex-spouse with your intention to relocate well in advance of your move, you provide the time for them to process the news and to work with them to come up with an amended custody agreement that is acceptable for both of you. If you can do this, the court will typically recognize you two putting aside any differences you may have to collaborate for the benefit of your kids. This no doubt improves the chances of it rewarding your efforts.
Of course, the ultimate decision of how your move will change your custody agreement lies with the court. It maintains the goal of only approving modifications that would be in your kids’ best interests. Past state court rulings set the standard for making this determination. This includes evaluating the following:
The court will also consider the degree to which your ex-spouse will be able to maintain a strong relationship with the kids.