If you share custody, moving a significant distance with your child often requires the other parent's agreement or court approval.
Why rules exist
Relocation can disrupt the other parent's relationship with the child. Many states and custody orders require advance written notice of a move and set distance thresholds that trigger the rules.
What courts consider
- The reason for the move.
- The child's relationship with each parent.
- The impact on the child's school, community and stability.
- Whether a workable long-distance schedule is possible.
- The motives of each parent.
Steps
- Read your custody order.
- Give the required written notice.
- Try to agree on a new parenting plan.
- If there is no agreement, file a request with the court.
- Do not move without permission if required, since it can harm your case.
Between states
A uniform law generally gives the child's home state, usually where the child lived for the six months before filing, the power to decide custody. Moving can complicate where the case is heard. Talk to a family law attorney early.
Frequently asked questions
Can I move within the same city?
Usually yes, but updating the other parent is important.
What if the other parent moves?
You may be entitled to notice and may ask the court to review parenting time.