You have worked really hard to adjust to your new parental role following your divorce. Now your ex-spouse comes to you saying that he or she wants to move away from Hazlehurst with the kids. The scenario that you have just described is the same that many of those that we here at the Shannon Law Firm, PLLC have faced. Like you, they too were concerned that a relocation could drastically alter their relationships with their kids, lessening the time that they spent with them and thus diminishing the impact they could have on their children’s lives. Like them, you may also want to know if there is anything you can do to stop it.
Many states require divorced parents who wish to move away with their kids to follow certain procedures to obtain permission from the court. Unfortunately, Mississippi does not. However, that does not mean that you cannot contest the move. You are within your rights to have the court review your case to determine if your ex-spouse’s proposed move warrants a modification to your custody agreement.
You might think that the mere fact that your ex-spouse wants to move justifies changing your agreement. The state, however, disagrees. The Mississippi Supreme Court cites the state’s stance that a relocation alone often is not enough to be classified as a material change in circumstances warranting a custody modification. In fact, it goes on to say that it is effect a move might have on the parental-child relationship that is considered rather than the distance said move places between them. Therefore, your argument to modify your custody agreement needs to show the negative impact a move may have on both your and your kids.
More information on fighting for your custody rights can be found here on our site.