Even after your divorce, your former spouse could continue to hold you back in many ways. For example, you would be beholden to the state of West Virginia in many cases to facilitate, as much as possible, the parent-child relationships between your former spouse and any of your children. At Herrenkohl Law Office, we know that people sometimes get opportunities that are too good to pass up. Luckily, there could be a way for you to improve your life and the lives of your children without impediment.
If you were to consider moving to take a job opportunity, to move into more appropriate housing or even to be closer to your own extended family, this could affect the relationship your former spouse has with your children. We often find that the courts recognize that the balance involved between the emotional benefits of dual parental care and the pragmatic advantages of better living situations.
In many cases, the legally compliant notice you give your spouse would be enough. However, if he or she decided to oppose your relocation, you may have to establish the fact that the change is in the best interests of your child and that you are planning it in good faith.
It is worth knowing that you could face penalties if you failed to give notice of your move. That's why we believe it is typically better to follow official procedure — even if you might not expect your former spouse to agree to your upcoming relocation. Please read more on our main family law site.