Shared custody arrangements put a lot of restrictions on parental behavior. Parents have to schedule their lives around custody exchanges. They have to regularly communicate with one another about the children.
They may also be subject to limitations regarding how they move on with their lives after the end of the relationship with their co-parent. People hoping to make a big change, such as moving back home to be close to family or across the country to take a new job, may not be able to move without first addressing the matter with their co-parents and possibly the family courts.
A relocation that takes the children a significant distance from their current residence may require pre-approval and changes to the current custody order. What rules apply in a parental relocation scenario wherein parents share custody?
Long-distance moves affect parenting plans
If the plan is to move out of the state with the children, even if the move is relatively local, prior co-parent consent or approval from the courts is necessary. The same may be true for moves within the state if they impact parenting arrangements. A move that takes the children an hour or more away from their current residence or that otherwise complicates shared custody arrangements may require a custody modification.
The parent hoping to move with the children needs to communicate that intention to the other parent and possibly also the family courts. If the other parent is supportive and cooperative, the parents can work out their own solutions for how they adjust their shared custody arrangements based on the new living circumstances.
If the other parent does not agree that the move is appropriate or beneficial, then the matter may need to go to family court. A family law judge hearing a litigated relocation case considers the current parenting plan, the reason behind the move and the impact it may have on the family.
They attempt to make a decision that they believe is in the best interests of the children. They can modify the custody order to allow the relocation or may make changes so that one parent can move without the children while the other increases their time with them.
An informed approach can make all the difference for a parent trying to modify a custody order to allow a relocation. Showing that a move could benefit one’s children can help convince a judge to allow it.