Divorce: Protect Yourself, Your Kids and Your Future, divorce and family law attorney in Great Neck, New York. A plan to move out of state with the child creates a “removal” issue, and to allow the move the court must find that the move presents a “real advantage” to the moving parent and that the move is in the best interest of the child. The other parent usually will not want the parent who has custody to move to a distant place which makes regular visitation difficult or impossible. No parent out there feels this would be in the best interest of his or her child. Normally, the other parent must agree with the move before the parent with custody can move away with a child. However, these custody arrangements can be complicated by a parent’s desire to relocate with their child. What are the benefits of primary physical custody? As a result, that parent may need court approval to move. It should include terms of how far you can move or travel with your child before you need to ask for the other parent’s or court’s consent. Click on a topic below: ... Usually, the court requires 30 days notice to the other parent with joint custody. Kessler says that most states have something called The UCCJEA law. In other states, the custodial parent has to prove relocation is in the best interest of the child. DISCLAIMER: This site and all information on it is intended for informational purposes only, and is NOT LEGAL ADVICE. "Generally speaking, joint custody means that parents must communicate and consent regarding important issues affecting the child’s health or welfare," Harounian adds. Will A Judge Let Me Move? It’s generally more difficult for a parent to move a significant distance away with a child when there is joint as opposed to sole physical custody. We use cookies to give you the best possible experience on our website. If it appears that a parent wants to relocate out of spite, or on a whim, the court is highly unlikely to grant them the ability to move with the child. The stakes are extremely high, particularly when the proposed move is … The factors can include not only the negative outcomes of moving, but also the positives. How far can a parent move away from a non custodial parent when they both have joint custody of their 4 and 7 year - Answered by a verified Lawyer. However, it’s unlikely that a parent convicted of domestic violence would be given joint custody, to begin with. But it may take longer to make an agreement with the other parent or get a court order. ","acceptedAnswer":{"@type":"Answer","text":"A custodial parent cannot move a child permanently out of state without either consent of the other parent or a court order. Lastly, a relocating parent might want to consider setting a new custody schedule that would permit extended vacation visits with the non-relocating parent, in order to continue and possibly deepen the bond between the child and the non-relocating parent. Navigating divorce is hard enough, but when you have kids to share with your ex, there's so much more to consider. If you have sole custody, as opposed to joint-I don't think it matters at all where you move-even to another state (but I live in NY). Can a parent with joint custody move away? To move your child out of the state of MA, you can either get permission from the other parent, the Probate and Family Court or both. A custodial parent cannot move a child permanently out of state without either consent of the other parent or a court order. But don't let that discourage you if you know the move will benefit your child. In some states, judges must presume the custodial parent's move is allowed, unless the noncustodial parent has strong evidence that the child would be more harmed than helped by the move. But if you can show the court or your ex that the move would benefit your child, then you could actually get what you're seeking. Joint legal custody arrangements may not be sufficient to require a higher standard of review for the court to get involved in relocation disputes. Do I have to pay alimony to my lazy spouse? But do not just move without making an official arrangement. Brette's Answer: Puerto Rico is not another country; it is a commonwealth of the US. § 36-6-108.. Relocation applications can be refused by Canadian Courts in situations where there is a joint or shared custody arrangement. The integrity of the noncustodial parent in resisting the relocation. How Joint Custody Impacts a Child’s School Enrollment The goal of any child custody agreement is to arrange for parental visitation in a manner that is in the best interests of the child. One of the most difficult disputes in Family Law can be when parents cannot agree where a child is to live or move to. The stakes are extremely high, particularly when the proposed move … When a parent has sole or joint custody of the children, problems sometimes arise when that parent wants to move and take the children with him or her. Joint legal custody arrangements may not be sufficient to require a higher standard of review for the court to get involved in relocation disputes. Can a Custodial Parent Move a Child Out of State? Joint custody is all about compromise. But again, this is very rare. Hi, I live in California and am currently going through a horrible divorce. If the parents can't agree on a solution, the court will try to determine how to modify the custody … However, it can get a little complicated if you're looking to change schools or you're moving far enough away that will affect visitation. On the other hand, the court may object to a move based on "bad faith" reasons, such as wanting to move far away from an ex-spouse in revenge or retaliation. This can be anywhere from more than an hour and a half away to several thousand miles. "}},{"@type":"Question","name":"Can a Custodial Parent Move a Child Out of State? You should seek competent legal representation on any legal matter. If you want to move out of state and you share custody of your kid, you will need to make a deal.. You can come to an agreement with the other custodial parent or with the court. The simplest answer to “how far away can you move and still maintain a 50/50 custody and time-sharing arrangement” is that it depends on your Allocation of Parenting Time and Parenting Responsibilities. Relocation cases are never easy. Can I move to Puerto Rico if we have joint custody? A reexamination of the custody arrangement is presumed necessary in move-away cases where there are existing joint custody arrangements. If your ex doesn't respond to prevent the move, you're free to move as planned, but try to renegotiate visitation and other logistics before you leave so you're less likely to run into problems down the line. The mom wants to move several hours away with her now husband and other children for a better paying job and wants to take their son with her. But you’d have to move. 4. How far can you move with joint custody if your the primary parent? You need a fresh start. Barbara's Question: If you have joint custody of a child, can one parent move and take the child to another country (Puerto Rico) to live without the consent of the other parent? No parent out there feels this would be in the best interest of his or her child. Should I hire a “bulldog” lawyer for my divorce? Child relocation disputes – What happens when one parent wants to move? One parent being the residential parent, with the other parent having liberal parenting time and if one parent needs, the other steps in. One parent being the residential parent, with the other parent having liberal parenting time and if one parent needs, the other steps in. But Harounian mentions that it could get a little complicated and expensive. The boy lives in both homes equally, one week with mom and the next with dad. The how far can a parent move with joint custody factors set forth in recently amended T.C.A negotiations don ’ work! 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