How a “Move Away” Can Affect Your Custody Rights
When the custodial parent moves across town, visitation rights can still easily be maintained. But what happens when the custodial parent decides to move farther away, even to another state?
In the past, the custodial parent could move wherever they wanted and the non-custodial parent had no say in the matter. Today however, many states have begun to move away from that line of thinking, recognizing that the disruption in visitation with the non-custodial parent could be detrimental to thechild .
Because of this change in perception, some courts now require that the custodial parent give adequate notice before any kind of drastic move and must gain the approval of the non-custodial parent and/or the court before the move can take place.
The custodial parent must have a good reason for the move, such as a new spouse that lives in the proposed location or a verifiable offer of better employment. The court will then have to weigh the expected benefits to the family with the potential disruption to the child.
If the child has a close and involved relationship with the non-custodial parent, the court is less likely to disrupt this relationship. Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request. On the other hand, if the non-custodial parent has not taken advantage of scheduled visitation or if the relationship is a strained one, the court may decide to allow the move.
The court will also consider the advantages to the child, such as better education or facilities that could better accommodate the child’s special needs or medical condition.
If the move is allowed, the court will restructure visitation to maintain the relationship between the child and the non-custodial parent and may reduce child supportor impose travel expenses on the custodial parent.
20 Comments
What happens when the custodial parent has sole legal custody and the NC parent is in and out of the childrens’ lives? If the C parent has sole physical and legal custody, could they move to another state without being charged with a crime?
Ok I am not a lawyer but, if you have sole physc. and legal custody of your child then there is nothing that he can do to prevent you from moving. The courts want what is best for the child, if there is a pattern that you can prove to the court that dad isnt in their life then not going to be an issue, but, my advice is to talk to an attorney to see what your laws state.
I have a question? What if the custodial parent has sole physical and legal custody and gets married and ends up marrying a person in the military, gives adequate notice of the fact that they will be stationed elsewhere will the rights of the custodial parent be taken away for this reason of marrying someone in the military service? And also what are the usual outcomes of visitation for the non-custodial parent when the custodial parent moves out of state? I am trying to get some advice so if anyone can help out or been in the same boat please comment back! I am in dire need of some kind of guidance. I am from Oregon and not sure yet where my soon to be husband will be based at, for he doesn’t leave for basic until August, so we won’t find out exactly where he will be based at until the end of the year, but I am in need of some kind of advice… Thanks!
I am in the US Air Force. I was divorced in Florida. I have a son who is 9. I had joint custody in Florida. I had my son after school Thursday and full days Friday-Sunday. I got orders to New Mexico. I had to give up my rights. It has been ten months and now I am eligible to retire and move back to Florida. My ex has since moved to Pennsylvaina. So I can’t get my joint rights back. Can I file for my son’s right to choose where he will live. What do I need to do for paperwork? Do I need a lawyer? Do I have to be in the same state? Can I file in Florida where all this took place? Most inportant question. What are my chances of making this happen?
I live in pa, the laws here are great, they want to have the child in a stable home, since he lives here in pa then he would have had to have the order transfered.; if he didnt and its still in fl file there, did he notify you and since your in the military, you have more rights under the sailors and solders act. he cannot take him from you
I have a question, I am recently remarried and my husband and I are are going to be retiring soon, we have started the process of moving and my ex stated that he doesnt approve of our new residence because it is 30 more miles away but I have offered to meet hin half way and to give him 2 more weeks in the summer and his visitation would not change or be effected. he refuses and has threatened court, this move would provide us with a bigger house and the kids each a bedrm of there own, , we would make more money and the children would be able to do more things but he wont here is he lives 52 miles away and moved without consulting me but wants my husband and I to consult him on everything. Can he do this?
Have him take you to court. There are a number of reasons you just listed that will give you the answer you need. Several reasons why that loser can’t stop you. He’s just scared, and the pressure is on. If you have an attorney, speak with them about this. There is no reason at all why it should not be granted.
what happens when the custodial parent moves out of state? there was no court order for who was the custodial parent. we were never married and i am the mother. what are my rights and what can i do about it? the father also refuses to let me see or speak to our daughter since he has been with his current wife.
what can i do when the custodial parent intentionally denies visitation by constantly moving from city to city and state to state violating court order for thirteen years and now she wants back child support. i have custody for last two years he is seventeen now. she took away something from me that no dollar amount could ever replace. and i owe her?
We have a visitation schedual,at time of this all parties lived in same county,so we agreed the mother would pick children up to go to her place, we would pick them up to bring home,we have custody.Now the mother has moved an hour away,she has been transporting,but she is now mad at us so she is refusing to bring the girls home tommarrow.Because she moved is it her responsability to bring them home?
I had children with a person from Mexico, she has no documents and recently moved back to Mexico taking my two children with her. She is not able to return to the United States, What can I do in regards to this? I am still required to pay child support? how do International Child Support work cost of living and all that…..
My ex and I have joint legal and physical custosy, but my address is the address for purposes of determining which school our children attend. I would like to relocate from a suburb of Kansas City closer to Kansas City where both my ex and I work. I would have to enroll the children in a private school and am willing to incur this cost soley by myself. Can I do this as long as our visitation schedule will not change? My ex would still get the boys every other week. He can pick them up on his way home.
My Partner and his ex do not talk!
She cancelled supervised visits and makes us jump thought hoops.
She got engaged which we are not fussed about but she obviously never told us, and we foudn out yesterday that she had moved house from my partners mother (good old facebook) yet no one knows her current address and we live in Vancouver BC, do we have some sort of case as we are constantly denied access and she never answers calls or texts and now we dont know where she lives?
Can we go to court with this?
I have applied for relocation with my minor child out of state and had my hearing in June. I have not heard from the decision yet and the company who made the job offer will not wait for my answer any longer. What would happen if I moved prior to the judgement?
I’m not legally divorced or separated from my spouse, there is no paper work etc on file. My spouse put myself a d our 2 children out of the house over a year ago. My eldest noe is 18 and went back to his father’s home. I do have my 11 yr old in my custody. Remind you I have recieved $500 out of the yr from him. Well my concern is that I’ve put in for a jod transfer to another state, becuase I will be able to make itt there . What could happen if I just leave out of state to move?
My daughter is in a mentally abusive relationship. She is considering divorce, but still wavers daily. Her husband wants to move the family to Michigan. What happens if they live there, then my duaghter decides to leave him. Will she be able to legally move back home to Alabama. What type of custody issues would this cause for her?
How can I make my daughter see things will never change with her abuzive husband. He knows exactly how to get to her. He will be a jerk for 6 months then a saint for 2 weeks and she thinks things are better. I think she needs a counselor to help her see things more clearly. I worry for her safety and her baby (7 months). He is also verablly abusive to the child as well. Taunts him when he cries and calls him a crybaby and a sissy girl. This is a 7 month old child. I hate to think what things he will say to him as he matures, or what physical things he may do to him.
Sad Grandmother and Mom
I have been divorced for 8 years and reside in California. My ex-husband and I have a court order for custody. He has our two children on a Friday night through Saturday afternoon. He however moves from place to place on a continuing basis. He has moved from drug and alchohol recovery houses to working on peoples homes and taking up shelter at those homes. He however refuses to provide an address where he is residing or where he will be taking our children from the evening. DOES HE HAVE THE RIGHT NOT TO PROVIDE AN ADDRESS WHERE HE IS TAKING THE CHILDREN? The court order does not address this except for when he takes them out of town. Is there a specific Calfornia code that states he must provide me with an address where he is taking the children?
thanks
my ex husband, who i have a child with, is the custodial parent, is remarried and he decided to leave his wife and also left our child with her. he left her with no money or anything and they have a child together too. i’m concerned that my daughter is not being cared for and because he just up and left i feel she would be better off with me. i have not been around to see her for a while because he kept her from me so it makes the situation more complicated. what should i do to try and gain cutody to ensure my child’s well being
I recently got remarried to a very nice man who is a firechief The only problem is he lives 52 miles from where I live. I have asked my exhusband and he was ok with this move. My exhusband now says he will take me back to court and win custody of our 13 year old daughter becuase I moved. I have rented my home to him so that my daughter did not have to leave her friends when she is in town with him which leaves me paying an $800 difference because he cannot afford it. I also am driving my daaughter back and forth to school so she doesnt have to leave her school. I am bending over backwards financially and physically to keep her life as calm as caan be. When we got divorced the judge ordered me primary residence and him to have our daauhter only every other Thurs- Sun night…. I have allowed him to have her every other week and rotate with me and we split all costs for school. But because I am remarried now he is angry and wants to take my daughter….. can he do this?