Custody orders help establish reasonable expectations for co-parenting. Custody orders approved by the family courts outline a breakdown of parenting time and an allocation of legal decision-making authority. In most cases where unmarried parents separate or married parents divorce, the goal is to help keep both adults present and involved with the children. Regular custody exchanges help facilitate that connection.
Parents not only divide day-to-day time with their children but also holidays and other special events in most cases. All of those plans can come tumbling down suddenly if one of the parents decides that they want to leave the state.
Does a parent who shares custody have to worry about losing access to their children because of a unilateral decision made by the other parent?
Relocations require pre-approval
Proximity is a key factor for ensuring that both parents have time with the children. The greater the distance between the two parental households, the more difficult it becomes to have regular custody exchanges.
If one parent actually leaves the state and intends to take the children with them, that can cause major logistical complications. Therefore, parents intending to relocate while subject to a custody order typically need to provide the other parents and the courts with 30 days’ advance notice of that intended move.
The other parent can then respond. In scenarios where the relocation is minor enough to allow for regular custody exchanges or the parents can negotiate an arrangement that may involve the children spending the majority of their school breaks with the other parent, the parents may be able to cooperatively handle the strain of a move away scenario.
In cases where the parent responding to the relocation request worries about its impact on their relationship with the children, they can dispute the decision to move with the children. Generally, they must file formal paperwork with the family courts. They can then schedule a hearing where a family law judge reviews the situation.
Factors including the distance of the move, the intent behind the move and the impact it could have on the children all influence the final decision in contested relocation scenarios. Family law judges have the authority to grant permission to move in some cases or deny it in others.
Judges can modify the existing custody order to reflect the new living circumstances of the parent and may drastically alter the division of parenting time based on their interpretation of the situation. Sometimes, the parent remaining in the state may be able to increase their parenting time and prevent the children from moving full-time to another jurisdiction.
Learning more about how the courts handle custody modifications and contested moveaways can be beneficial for those shocked by a proposed relocation request. Parents who know their rights can more effectively defend their relationships with their children.
