October 18, 2013. What happens if you want to move out of town after your divorce decree has been entered? If you are moving, the other parent may file a Modification of Custody petition in court. The court cannot restrict your constitutional right to travel, but can consider a move a substantial change in circumstances which could potentially warrant a change in custody. The court will always look at the best interests of the child and the reason for the move. Is the parent taking a better job or moving to be closer to family? The Iowa Legislature attempted to give guidance to the courts when it adopted a 150 mile rule. That means that relocation of the custodial parent to a location 150 miles or more from the residence of the minor child at the time custody was awarded may be a substantial change in circumstances. However, a substantial change does not automatically justify a modification of custody. The burden is on the party resisting relocation to demonstrate how the move will detrimentally affect the child’s best interests.

Try to work with the other parent to come to an agreement on a visitation schedule that will work for both sides. You can hire an attorney to file a Modification Stipulation outlining your agreement if you are able to reach one. For help with your family law needs, contact the Goosmann Law Firm, PLC at info@goosmannlaw.com or call 712.226.4000.

Subscribe Our Blog

DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.