Parents rebuilding their lives after divorce often have to make significant changes. They need to find new living arrangements, improve their income and start re-establishing their social lives. In some cases, they may obtain job opportunities in another city. Other times, they might secure enrollment at an institution of higher education in another state. New relationships or a desire to be closer to family members may also inspire a parent with shared custody to consider moving.
A parental relocation can have a major impact on the overall allocation of parental rights and responsibilities after parents divorce or separate. The greater the distance of the move, the more likely it is to force major changes to the arrangements for sharing parenting time.
Can one parent move and take the children with them while they are subject to a custody order?
Advance notice before moving is necessary
Standards for shared custody include obligations to provide advance notice about proposed relocations. Even in scenarios where the move is not far enough to force the children to change schools, the parent moving has to notify the other parent ahead of time. Typically, they have to provide written notice, although the method of service differs depending on the distance of the move.
The other parent then has an opportunity to respond. If they object to the relocation, they can file paperwork with the family courts. A judge can then review the matter. Each parent has an opportunity to explain why the move might be beneficial for the children or could do more harm than good.
The judge considers the information provided by both parents and makes a decision that they believe is in the best interests of the children. In cases where the purpose of the move is to disrupt a parent-child relationship or where the move does not offer many benefits given the impact it might have on custody arrangements, a judge may agree that it is unnecessary or not beneficial for the children.
Parents who want to see their children regularly can potentially contest a proposed relocation in an effort to maintain or even increase their current allocation of parenting time. And those who hope to relocate need to be strategic in how they approach their concerns. Learning more about the rules that apply in relocation and custody modification cases can help parents more effectively push for custody terms that align with the needs of their family.