Joint custody can i move out of state

You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children. Click for help finding a lawyer. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case.

Talk to a lawyer to make sure you understand how the law applies to your specific circumstances. If the parents have joint physical custody of the children and 1 parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children. If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible.

You can make a parenting plan that takes into consideration that your children are moving away and changes the visitation so that you can still have quality time with your children. Click for help with parenting plans. Also, thanks to the Internet, there are other ways for you to stay connected to your children, not just e-mail. Find more information on virtual visitation.

You will have to look for the other parent and tell the judge everything you tried to find him or her. It's common for parents to share joint legal custody —meaning they both make decisions regarding their child—but the division of physical custody varies greatly, depending on the circumstances of the particular case and the laws of the state in which the matter is pending.

For example, parents can agree to share joint physical custody, which is where parents spend significant or equal amounts of time with the child. They can choose to make one parent the primary custodial parent—meaning the child lives primarily in that parent's home. In the latter situation, the custodial parent has primary physical custody, and the other parent the noncustodial parent has a right to visitation or "parenting time" with the child.

If parents can't agree on custody, a judge will have to make these decisions for them. Whether you reach a custody arrangement by mutual agreement or a judge's decision, a court will issue a custody order that spells out exactly how it divided custody rights and responsibilities, including who the custodial parent is.

Court-ordered custody arrangements can work well for years, especially when both parents live in the same town. However, what happens when the custodial parent wants to move to another town or out-of-state?

What if the noncustodial parent opposes the move because it will result in lost time with the child? In this situation, the custodial parent will likely have to go to court and ask a judge for permission to move the child out-of-state. These "move-away cases" are among the most difficult types of custody disputes.

Typically, a parent can't move a child to another county or state without prior approval from the court that issued the original custody order. If the custodial parent moves the minor child without court permission and against the noncustodial parent's wishes, a judge may sanction punish the custodial parent with a contempt order, including fines and jail time.

A judge could even change custody arrangements in favor of the noncustodial parent. Parents can agree to a relocation. If both parents consent to the child moving and can agree on a new custody arrangement that considers the new location and provides the noncustodial parent a sufficient amount of time with the child, a judge may approve it if it meets the child's best interests. When parents agree to an out-of-state move, they must sign a written agreement known as a stipulation and consent agreement , which the judge may turn into a court order.

If parents can't agree, they can hire a coparenting counselor or custody mediator to help guide them toward a resolution. If mediation fails, the moving parent will have to go to court and file a "petition" or "motion" legal paperwork asking the court to grant the request to relocate. Each state has its own set of legal factors its courts must consider in move-away disputes.

Still, generally speaking, courts must weigh the benefits of moving against the disruption to the noncustodial parent's visitation rights. Again, the exact factors a court will consider when deciding on relocation will depend entirely on the state's laws where you file the complaint.

However, courts generally consider whether the out-of-state relocation constitutes a real benefit to the child, such as an improvement in the overall quality of life due to:. The court will then need to weigh these potential benefits against the child's possible adverse effect from reduced contact with the noncustodial parent.

Some custody experts suggest that the stability and improved lifestyle which can occur when a custodial parent relocates can also provide great benefits to a child that outweigh any potential detriment due to the decreased visitation time. Moreover, in some states, there's a presumption that a custodial parent has a right to relocate with a minor child, which places a burden on the objecting noncustodial parent to overcome that presumption.

In these cases, the court does not attach significant weight to how the move benefits the moving parent. Then the court must determine whether the arrangement is more consistent with shared or sole custody and use the corresponding standard. But where parenting responsibility is shared and the children are significantly and approximately equally bonded to both parents, the burden should be - and is - higher for the moving parent to justify the move.

Of course, law evolves. If you have any questions about removal, feel free to contact our office. Contact Us. How far can a parent move with joint custody?