Divorce brings with it a certain sense of finality. Yet life does go on, and oftentimes, part of that may include you having the opportunity to move away from Mississippi (whether that be to pursue a new relationship or seek new job opportunities). No matter the reason behind a proposed relocation, those planning for one often come to us here at the Waldo Law Firm, PLLC asking how they can take their kids with them. Parental relocation often comes with a bevy of issues, but if you are facing the prospect of it, you may be able to avoid obstacles by understanding state law.
Mississippi state law does require that you must notify your ex-spouse of your intention to move (even if you have primary custody of the kids). Such notice must be provided at least 30 days prior to the proposed relocation (that time requirement is reduced to 10 days in situations where the immediate need to relocate arises and you could have reasonably anticipated it in time to comply with the 30-day deadline). Your ex-spouse can choose to request a hearing to address your custody agreement. In such a case, you cannot move the kids away until the matter is resolved (the court will often expedite such hearings, understanding that the issue is time-sensitive).
Being transparent with your plans to move away may help avoid any unnecessary delays. By notifying your ex-spouse well in advance of your move (even at the point where you first start to consider it), you leave plenty of time to work with them to come up with a modified custody arrangement on your own. The court will typically respect your wishes if you are able to do so.
More information on dealing with your post-divorce life can be found throughout our site.