As life moves on after divorce, many aspects of the family situation may change. Parents who share custody may seek new jobs. They may look for different or more affordable housing. They may start new relationships or want to be closer to family members.
If one parent chooses to move or relocate while subject to a custody order, their choices could potentially impact the other parent and their children. Is a custody modification necessary if one parent moves in a shared custody scenario?
Long-distance moves may change circumstances
If one parent moves to a new neighborhood in the same area, that relocation may have minimal impact on custody arrangements. However, if the move is a substantial distance or out of state, then the current custody order may no longer be sustainable.
Any parent planning to move a distance of 50 miles or more or to leave the state with the children generally needs to provide advance notice to the other parent about their intentions at least 60 days before the move occurs. The other parent may work with them to modify the custody order and change their parenting schedule.
If the other parent is uncooperative, then the matter may need to go before a family court judge. Judges hearing custody modification requests related to parental relocation consider whether the move is beneficial for the children and how it may impact the custody arrangement. They have the authority to modify the custody order or to deny a parent permission to relocate with the children.
Discussing plans for a move with a family law attorney can help parents take the right steps. Insight into the law and support during family court proceedings can help parents make the custody order changes they need to improve their circumstances.