Establishing a custody order means accepting certain limitations on personal activities. Parents need to be available during their parenting time. They need to adhere to the rules included in the custody order regarding how they communicate with their children during the other parent’s time with their children.
They may even face challenges if they want to move away or relocate. Parents who share custody usually need to stay relatively close to one another to ensure that regular custody exchanges are possible. Those pursuing new job opportunities, looking for housing or starting new relationships may need to move to achieve their goals.
What are the rules for parents who want to relocate while they’re subject to a shared custody arrangement?
Pre-approval is mandatory
With potential exceptions for cases involving sole custody, most parents subject to a custody order must advise their co-parents and the courts of their intention to move before they actually relocate. The state requires 90-day advance notice in most cases. That provides the other parent with an opportunity to respond and gives the courts a chance to schedule a hearing before the relocation occurs.
Occasionally, the other parent may agree that the move is either necessary or likely to be beneficial for the children. In such cases, the requesting parent may be able to relocate with minimal conflict. The parents can cooperate by making uncontested modifications to the custody arrangement that allow the other parent time with the children during school breaks or on weekends.
Other times, the parent who doesn’t intend to move may oppose the relocation. In that scenario, the family may need to go back to court. A judge reviews the relocation request. They consider the impact it may have on the other parent’s time with the children and the stated reason for the relocation.
They may then make a determination based on what they think might be in the best interests of the children. The courts do frequently allow parents to relocate with their children if doing so may yield improved circumstances for the family. However, judges may decline to allow a move if it does not seem to be in the best interests of the children.
Parents who understand how the courts view such cases may have an easier time presenting their side of the situation to achieve the best possible outcome. Parental relocation requests can often lead to emotional confrontations between parents and intense litigation. Learning about how the courts view such cases can help parents as they seek to move on with their lives after divorce.