Q: Change a geographic restriction if the added location would actually be closer to the non-custodial parent?
I have primary custody of our one child and our divorce decree geographic restriction only includes 2 counties.
The county I want to move to is not one of the 2, but does border both counties in the order.
The county I want added is actually closer to my ex’s current residence than much of the parts of allowable counties, it is comparable to my current area with lower housing costs, half the distance to my job, and 60% closer to the family of my boyfriend of 6 years that help me with my child.
Ex is trying to get concessions from me in order to agree to add the additional county.
I’d rather stay closer to him, but the demand for concessions make the idea of moving further, but within the allowable counties, an easier decision.
With the facts that the new county area is closer than much of the areas in the agreement, is this a strong argument for a contested modification approved to add the new county?
A: Consult with a family law attorney regarding the actual language in your order. Sometimes the order refers to specific counties but also speaks of contiguous (bordering) counties.
A: Sounds like changing the county is a viable option. Good luck.
A: You need to file a modification. If the new location is closer to your ex then they will likely agree to the change, and the court should sign off.
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