A variety of different changes to family circumstances can potentially impact custody arrangements. One parent deciding to move across the state or out of the state could have major implications for shared custody arrangements.
A move can make it much more difficult to regularly exchange parenting time or might even result in the children leaving the state with the other parent. What happens when one parent wants to relocate while subject to a custody order?
Relocations require permission
Unless a move is relatively close to where someone currently lives, they likely need to obtain approval ahead of time before relocating. A move outside of the county, the school district or the state may require pre-approval.
In some cases, the parents may agree that the relocation is beneficial for the parent and the children. Other times, there may be disputes about the necessity of the move and whether it is a positive thing for the children.
If the parents don’t agree on the relocation, then the matter may require review by a judge. Family law judges consider the best interests of the children, including their need to maintain positive social relationships, when evaluating requests to relocate with the children.
A parent who is worried about losing contact with their children because the other moves might be able to obtain residential placement and more parenting time. The courts may allow the other parent to move but may not allow them to take the children with them in some cases.
Developing a strategy before a relocation hearing can help parents protect their relationship with their children. Move-away scenarios tend to put strain on families, and those who understand how the courts approach such situations can strategize for the best possible outcome.