The details of a custody order impose certain constraints on co-parents. They have to work their personal and professional schedules around their parenting time obligations. They may need to communicate with one another to ensure there is mutual consent for major decisions regarding the children.
In some cases, the terms of a parenting plan might even limit how people rebuild their lives after a divorce or breakup. Most people enjoy the freedom to relocate anywhere they want, including out of the state, without securing permission from anyone else.
Parents who are subject to a shared custody order do not have that same degree of freedom. Instead, they generally require pre-approval if they intend to relocate with their children.
When is approval necessary?
Some moves have minimal impact on parenting arrangements. If a parent finally makes an offer on a house and can move out of their apartment into a single-family home in the same school district, that move is unlikely to have much impact on the current custody arrangements.
However, moves that take the children hours away from their current residence or out of the state almost invariably alter how parents share time with their children. In cases where the relocation is likely to impact custody terms, parents may need prior approval to relocate.
They typically need to provide advance notice to the other parent at least 45 days before the proposed move. If co-parents can cooperate, they can make their own adjustments to the custody arrangements and ask the courts to approve an uncontested modification.
If the other parent questions the move and refuses to grant approval, then the matter may require the review of a judge. Family law judges hearing relocation cases try to make decisions that are in the best interests of the children.
They consider the current parenting arrangement, the reason for the move and the impact the relocation may have on the custody order. If the move appears to be a positive change for the children, the judge may permit the move and make any necessary changes to the custody order.
Following the right procedure can help parents assert their rights and rebuild their lives after the end of a relationship. Relocation requests can be complex, and parents often need insight into their legal rights and the best way to approach their upcoming move. Seeking personalized legal guidance is a good way to get started.
