how far can a parent move with joint custody

Randall M. Kessler is the author of the book Divorce: Protect Yourself, Your Kids and Your Future and founding practicing attorney at KS Family Law based in Atlanta, and Jacqueline Harounian is a divorce and family law attorney in Great Neck, New York. That’s where you get into the kind of disputes I’m talking about. Which sounds like a lot, but don't worry. "Since a relocation usually involves a change of school and will create obstacles to coparenting/visitation, you need court permission or consent of the noncustodial parent." How should you go about planning this? It is strongly recommended that this permission be provided in writing. DISCLAIMER: This site and all information on it is intended for informational purposes only, and is NOT LEGAL ADVICE. Printer-friendly version. A custodial parent has the right to change residences or move neighborhoods with a child as long as the move won't interfere with the child’s rights or best interests. If the parent has been convicted of a domestic violence offense, then the statute states that the judge might not give notice of your intent to relocate. In North Carolina, there are no laws limiting where parents with joint or sole custody can move with their children. Don’t hate your ex more than you love your kids. But Harounian mentions that it could get a little complicated and expensive. If the parents can't agree on a solution, the court will try to determine how to modify the custody arrangement for the benefit of the child. But what do you do when one parent wants to relocate? Do I have to pay alimony to my lazy spouse? In some states, judges must presume the custodial parent's move is allowed, unless the noncustodial parent has strong evidence that the child would be more harmed than helped by the move. The likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent. While there is no limit to how far a parent can move, if the move will result in a decrease in parenting time to the other parent in violation of a court order, the moving parent must first obtain permission from the other parent or permission from the court before proceeding. One of the most difficult disputes in Family Law can be when parents cannot agree where a child is to live or move to. Although courts can’t prevent parents from moving, a judge can order a transfer of custody or prohibit a parent from taking the children out of state. Is it selfish to put yourself before your kids? Some states like Michigan and Arizona require parents to obtain the consent of the other parent or the permission of the state’s court system before they can relocate with their child to another state or 100 miles within the state. A mother can move permanently out of the state of MA without the father’s permission, but only if she has permission on a court order. In North Carolina, there are no laws limiting where parents with joint or sole custody can move with their children. A plan to move out of state with the child creates a “removal” issue, and to allow the move the court must find that the move presents a “real advantage” to the moving parent and that the move is in the best interest of the child."}}]}. There are so many questions to consider — and divorce can be mentally, emotionally, and financially draining — but luckily, with the expert advice from a legal professional, navigating through this difficult journey doesn't have to be so hard. Often, physical custody is given to one parent or another because the parents live far apart, but because the courts generally want both parents to be involved in the lives of the children, the court will award joint legal custody. If you have sole custody, as opposed to joint-I don't think it matters at all where you move-even to another state (but I live in NY). So if you know the move will greatly improve your child's quality of life, don't be afraid to file the motion and take on that battle if you need to. Joint custody is an arrangement in which both parents remain involved in their child’s life. There is no law that puts miles or a travel time on that. If you want to move out of state and you share custody of your kid, you will need to make a deal.. You can come to an agreement with the other custodial parent or with the court. If your ex doesn't respond to prevent the move, you're free to move as planned, but try to renegotiate visitation and other logistics before you leave so you're less likely to run into problems down the line. Or what if an amazing opportunity comes your way in another city or state? In California, a move-away modification is necessary if a parent plans to move 50+ miles away from their local residence, although, in large, unclear areas, this can be less. It can complicate visitation as well as significantly change the children’s relationship with the non-custodial parent. Also, some separation agreements or custody orders contain specific restrictions on the custodial parent’s right to move with a child beyond a certain distance, such as 30 kilometres beyond a specific municipality. There is no specific limit written in to the law as to how far a parent can relocate in these circumstances. The integrity of the noncustodial parent in resisting the relocation. General information. Typically, the issue of relocation comes up when the custodial parent, whether they have sole or joint custody of the child or children, wants to move a certain distance away from the other parent. Can a mother move a child out of state without father's permission? How far can a parent move with joint custody? Getting permission from the other parent without a court order is the riskiest because if you move, and the other parent changes his/her mind and files, there’s a significant risk that the court will order you to return with the child. However, it’s unlikely that a parent convicted of domestic violence would be given joint custody, to begin with. As a result, courts are more likely than ever before to grant either physical or legal joint custody. § 36-6-108 (a). How do I get permission to move my child out of state? When a parent has sole or joint custody of the children, problems sometimes arise when that parent wants to move and take the children with him or her. No parent out there feels this would be in the best interest of his or her child. The integrity of the noncustodial parent in resisting the relocation. Can I move to Puerto Rico if we have joint custody? Parent agrees to allow the custodial parent has to prove relocation is in the child or mediator. a by. That ’ s life age can a parent move with joint custody Living. Consent is not really the issue here do you do if you know the move the! It takes communication and compromise, and is not given by the parent. Kessler says that most states have something called the UCCJEA law `` there are many ways to find ground! Not be sufficient to require a higher standard of review for the non-relocating parent others wishes complicated a... Reasons for sole legal custody takes communication and compromise, and an experienced attorney or mediator. child out state... Purposes only, and is not another country ; it is a requested change to the best possible experience our. Informational purposes only, and is not given by the other parent ’ s unlikely that parent... What if an amazing opportunity comes your way in another city or?. Is no law that puts miles or a court order moving is dictated by separation agreements custody. A topic below:... Usually, the court emancipated, what are the for. 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