Life doesn’t remain static after a divorce. Your life will continue to change, and sometimes, these changes will require relocation. Moving closer to family. A better cost of living or education system. A new job. A new relationship. However, while a move might offer significant benefits for you, relocating when you share custody of your child will require navigating some legal hurdles.
Custody arrangements can work smoothly when you and your co-parent live close to each other. But things can get tricky when one of you wants to move several hours away or even to another state or country, making it more difficult for the other parent to keep up with their custody and visitation rights. Consequently, relocating with a child after a divorce often requires parental consent and court approval to ensure it’s handled fairly for both parents and is in the child’s best interests.
Understanding Custody Agreements
Because courts believe it’s in a child’s best interests to maintain a meaningful relationship with both parents, they generally favor some form of joint custody. Joint custody ensures that both parents remain actively involved in their child’s life, ensuring emotional and physical stability. To that end, most custody orders are joint arrangements that allow both parents to share in the care of their children.
If you share joint physical custody, this generally means the parents have the child each for about the same amount of time throughout the year, ensuring your child maintains a relationship with both of you. Your custody order will have outlined these rights, responsibilities, and visitation arrangements so you can both share in the upbringing of your child fairly. However, if one of you wants to relocate, this may have a significant impact on the other’s rights under your custody agreement.
Schedule your free meeting with our team today to see if our Lawyers can help you.
What is the Court’s Definition of “Relocation?”
Family courts typically view a relocation as a parent moving with their child to a new residence that will impact their current custody or visitation agreement. Depending on the specific custody agreement or jurisdiction, this can include moving to another city, state, or even country.
Many states define relocation as a move beyond a certain distance – such as 50 or 100 miles – that will affect the other parent’s ability to exercise their custody or visitation rights. Because such a move can disrupt a child’s relationship with the non-relocating parent, it often requires legal approval to ensure the move is in the child’s best interests.
Consulting Your Custody Agreement
If you’re sharing custody of your child and considering a move, you’ll need to review your custody agreement closely to see what it says about relocation.
Most custody orders have clauses that specifically address how relocation must be handled, and failing to comply with a court order can lead to serious legal repercussions. Depending on the terms of your custody order, you may need to get approval from your co-parent and the court if you plan to relocate outside specific geographic parameters.
What Happens if Your Custody Agreement Prohibits or Doesn’t Address Relocation?
If your agreement prohibits or doesn’t address relocation, you will need to seek court approval before relocating.
Most jurisdictions require you to obtain court approval whenever a relocation will significantly impact your existing custody or visitation arrangement. Court approval also ensures the move is in the best interests of your child. Getting court approval will involve filing a formal petition with the court and demonstrating that the relocation you are considering is in your child’s best interests. Not getting the court’s approval for a relocation can lead to serious consequences.
Are You Free to Move if There is No Custody Agreement?
Even without a formal custody order, courts prioritize a child’s well-being and continuity of care. If you have no formal custody order, you may not be technically restricted from moving, but this doesn’t mean a move will be free from legal challenges by the non-relocating parent. The other parent can petition the court to establish custody and prevent or contest your relocation.
Before you relocate without formal permission, consider the potential problems you may encounter.
- Parental kidnapping claims – If you relocate without an existing custody order, the other parent could claim parental kidnapping, especially if your state laws require both of you to be involved in major decisions regarding your child.
- Emergency court orders – If you move without notice and the other parent believes it’s not in your child’s best interests, they can file for an emergency custody order that may require you to return your child to the original location.
If you have no formal custody order, you can request the court to formalize custody and visitation rights before your relocation occurs. The court will evaluate whether the relocation is in the best interests of your child before making a decision. Furthermore, even if you and the other parent agree on the relocation, it’s still advisable to draft a written agreement and submit it to the court for approval. Formal approval ensures it’s legally binding and protects both of you in case of future disputes.
Click to contact our family lawyers today
What If You Have Sole Custody?
While you generally have more authority to make decisions for your child when you have sole custody, this doesn’t mean you can move freely without some legal considerations.
Even with sole custody, many states require the custodial parent to provide notice to the noncustodial parent and, in some cases, seek the court’s approval. This is because the noncustodial parent still has rights, especially if there is scheduled visitation or parenting time. Furthermore, as the custodial parent, you must demonstrate to the court that the move serves your child’s best interests, not just your own. If the noncustodial parent objects to the relocation and legally challenges it, the court could restrict your move even if you have sole custody of your child.
Schedule a call with one of our client services coordinators today
What if Both Parents Consent to a New Custody Arrangement to Accommodate a Relocation?
If you and your co-parent mutually agree to a new custody arrangement to accommodate your move, the process can be significantly smoother. However, even if you both agree to your relocation, you’ll want to have your new arrangement approved by the court. Without formalizing your agreement, it won’t be enforceable if your co-parent changes their mind and wants to revert back to the original terms.
Seeking court approval not only protects both of you. It also ensures your child’s needs are prioritized in a legally binding manner. To create a comprehensive agreement to submit to the court, you and your co-parent should work together to outline important details, such as a revised visitation schedule, transportation responsibilities, and communication plans. In many cases, the court will accept and formalize a well-crafted mutual agreement as long as you can prove it is in your child’s best interests. An experienced family law attorney can help you draft and submit your agreement to the court to help safeguard your rights and ensure your child’s best interests are prioritized.
Getting Court Approval for a Relocation
While laws differ from state to state, the general rule is that any relocation that will disrupt the non-relocating parent’s ability to exercise their custodial or visitation rights will require court approval. The court’s goal will be to balance the benefits of the relocation for the child with the ability of the other parent to maintain meaningful involvement in their child’s life.
To seek court approval, the relocating parent generally must:
- Submit a petition to relocate with the court that issued the original custody order.
- Provide notice to the non-relocating parent, including all relocation details, such as the new address, reasons for the relocation, and a new proposed visitation schedule. Depending on the jurisdiction, this notice may need to be provided within a specific timeframe by certified mail.
- Prepare a detailed relocation plan, explaining how the move will benefit the child, how the other parent can maintain a meaningful relationship with the child, and any proposed modification to the existing custody arrangement.
- Attend a hearing if the non-relocating parent objects to the move. During the hearing, both parents can present evidence supporting their position. This could include testimony from teachers, counselors, or other witnesses who can speak to how the move may impact the child.
- Demonstrate that the move is in the best interests of the child. The relocating parent must demonstrate to the court how the move will benefit the child, such as providing a safer environment, closer proximity to family, or better schools.
The court will then evaluate the petition based on the evidence and the child’s best interests, considering factors such as
- The reason for the relocation and whether it truly benefits the child
- How the move will impact the non-relocating parent’s relationship with the child
- How well the child may or may not adjust to a new school, social connections, and community
- The history of each parent’s involvement with the child
- The feasibility of the proposed visitation arrangements
- The age and preference of the child, depending on the child’s age and maturity
If the court approves the relocation request, it often comes with specific conditions. The court will likely issue a revised custody order reflecting changes in visitation, which may include longer visits during school breaks or holidays to balance the reduced regular contact with the non-relocating parent. The court may also establish guidelines regarding travel costs and logistics, ensuring both parents understand their responsibilities. Additionally, virtual communication, such as scheduled video calls, may be required to help maintain the child’s relationship with the other parent.
The court’s approval will formalize changes to the custody agreement, ensuring both parents are legally obligated to the new terms. This prevents future disputes and misunderstandings about the relocation and custody terms.
Can You Modify Your Existing Custody Agreement in Anticipation of a Relocation?
If you are considering a relocation in the future, it may warrant a modification to your existing custody order. However, courts generally require a “substantial change in circumstances” to justify a modification.
When you seek a custody modification through the court for a relocation, it will consider
- The reason for your move, such as family support, a new job opportunity, or educational benefits for your child
- How your move will impact your child’s relationship with their other parent
- If an alternative visitation arrangement can be reasonably structured to maintain your child’s relationship with the other parent
- How the new location may affect your child’s stability and overall well-being
If you’re considering a relocation, you should seek the guidance of an experienced family law attorney to discuss your options. This ensures your best outcome and avoids putting your custody rights in jeopardy.
What Happens if You Relocate Without the Consent of the Other Parent or Court Approval?
Relocating with your child without the consent of the other parent or court approval can have serious legal implications for you and emotional consequences for your child.
Courts view an unauthorized relocation as a violation of your custody agreement. This could potentially result in
- A court-ordered return of your child – The court may issue an order requiring you to return your child to the original jurisdiction. These moves can be traumatic for your child, especially if they’ve already begun to adjust to their new environment. You will also likely be responsible for the financial costs associated with your child’s return.
- Contempt of court charges against you – Courts take violations of custody orders very seriously, especially if they impact your child’s well-being and stability. Relocating without the appropriate legal procedures means you could face fines and mandatory court appearances.
- Loss of custody – The court could interpret your unauthorized move as an inability to prioritize your child’s needs and best interests. If the court views your relocation as disruptive to your child and their relationship with the other parent, it may negatively impact your custody arrangement.
- Impact future court decisions – Failure to obtain consent or court approval for a relocation can damage your credibility in other or future legal matters. Courts are less likely to trust a parent who has disregarded their custody orders, which may influence future decisions regarding custody, visitation, or other relocations.
- Emotional harm to your child – An unauthorized relocation can cause unnecessary stress and instability for your child. Being uprooted from a familiar environment can create feelings of anxiety and resentment, particularly if their relationship with the other parent suffers from it.
Once you share custody of a child, you are not free to move wherever or whenever you want unless it is within the parameters of your custody agreement. The law recognizes both parents’ right to be involved in their child’s upbringing, and it will carefully evaluate whether any major relocation supports or disrupts that right. Any move significantly impacting one parent’s custody or visitation rights will require legal consideration, and failing to follow proper legal procedures can have serious consequences. By understanding the legal requirements and seeking court approval, when necessary, you can ensure your relocation decisions align with your legal obligations and your child’s best interests.
If you’re considering a move, the experienced child custody attorneys at Melone Hatley, P.C. will remain a staunch advocate for you. We will review your custody agreement and advise you on the best approach to take to ensure your relocation aligns with your child’s best interests and your and your co-parent’s custody rights. Call us at (877) 395-5598 or through our contact page to schedule time with one of our client services coordinators.
Schedule a call with one of our client services coordinators today.
