Dec 27, 2013

Finally, the divorce process is over, the papers are signed and you're ready to get on with your life. Packing up the house and the kids for a new place and a new start seems like a great idea. However, you remember there’s a provision within your divorce that talked about the legal residences of your children changing. Are you allowed to move, and if so, how far?

The "100-Mile Rule"

Changing the legal residence of your children may not be as easy as you think. Under the Child Custody Act, you cannot move the residence of your children more than 100 miles from where it was when the original court documents were filed. If your plan is to move more than 100 miles from this location, you will need the court's permission or at least your ex-spouses permission, in most cases.

However, if you plan to stay within 100 miles, you won't have any issues. You still need to inform the court that you and the children have a new address.

Exceptions

Some exceptions are possible with the "100-mile rule." If you're the sole guardian of your children, this rule won't apply. In addition, if the children already have two residences (one with dad and one with mom) and those residences were more than 100 miles apart when the court documents were filed, the rule doesn't apply.

You may have a provision in your divorce agreement handling this type of move, as well. If so, you just need to follow the provision within the agreement and you won't have any issues with moving.

The final exception to the rule is when the safety of you or your children is at stake. If there's a threat of domestic violence and you are moving to a safe location, the "100-mile rule" will not apply.

Make sure to check with your attorney, before moving, if you're unsure about the agreement made within your divorce.