Sharing custody is the standard outcome when married parents divorce or unmarried parents begin living separately. Unless there are major issues that justify sole custody, each parent likely has a certain portion of parenting time. The parents see each other occasionally for custody exchanges and communicate regularly regarding their children’s needs. The new arrangement for the family can come undone quickly in scenarios where one parent decides to move.
Parents planning to move may worry about whether shared custody arrangements make relocating too difficult. Can those subject to a custody order relocate and take their children with them?
Relocations may require custody modifications
State law imposes specific rules to help parents navigate a move-away situation and prevent abuses, such as malicious moves intended to alienate the children from one parent. Any move that changes the children’s residence for 90 days or longer requires pre-approval.
The parent intending to move must send written notice to the other parent and the family courts at least 60 days before the relocation occurs. The other parent has the option of agreeing with the move or contesting it.
Parents can sometimes reach their own arrangements for modifying custody when a relocation occurs. If the move is not particularly far, custody arrangements may not need to change at all. If the move is significant enough to impact custody exchanges or school enrollment, then the other parent might take issue with the proposed relocation.
In such scenarios, the parents may need to discuss the matter with a family law judge. Judges have to consider the reason behind the move and the impact it may have on the shared custody arrangement. They can then make a determination about what may be in the best interests of the children.
Judges can agree to approve the move and make certain adjustments to the custody order to accommodate the new living arrangements. Other times, they may decline to allow one parent to relocate with the children.
Learning more about the process for child custody modifications can be beneficial for those worried about the future of their parenting arrangements. Move-away requests often require careful review to better ensure the protection of children and both parental relationships.
