Parental relocation can disrupt visitation and strain shared custody arrangements. State statutes generally require that a parent planning to move must provide advance notice to the other adult in the family, as well as anyone with visitation rights.
In fact, they may need to secure the consent of the other parent before they move in many cases. Without the permission of the other parent, the adult planning a relocation may need to go to court to secure legal permission to move with the children. When can the other parent contest a proposed relocation and interfere with one parent’s plans to move?
Long-distance moves require permission
The further one parent intends to move from their current residence and the residence of the other parent, the more likely they are to face challenges to the proposed move. Pre-approval is not necessary in cases where one person moves with the children to a domestic violence shelter. Additionally, moving to a new home or apartment in the same school district is typically close enough to the current residence to prevent the other parent from fighting the move.
Relocations that change the schools the children attend, increase the distance between parental homes substantially or involve leaving the state could lead to challenges from a parent concerned about the relocation interfering with their visitation or parenting time. The terms included in the initial custody order may impose additional restrictions or requirements on relocation scenarios.
Reviewing a custody order and a possible move with an attorney can help parents prepare for relocation proceedings. Adhering to legal requirements, such as providing advance notice, can reduce the chances of the courts declining to permit the move.