The terms of a child custody order or parenting plan include a breakdown of parenting time and an allocation of parental authority. Typically, those terms depend in part on the current circumstances of the parents, including where they live.
As the family moves on from the divorce, their situations inevitably change. New relationships, job opportunities and housing can inspire people to move to a different neighborhood, a new city or even another state.
Can one parent choose to move and take their children with them when they are subject to a custody order?
Parents can modify the order
Generally speaking, parents who intend to relocate with their children must notify their co-parents and also the family courts of their impending relocation. If the other parent is cooperative, it may be possible to adjust the parenting plan through an uncontested filing with the courts.
If the other parent opposes the relocation, then a judge must review the circumstances. State law imposes a presumption that the relocation is permissible, but the other parent has the option of presenting evidence to the contrary.
Judges can hear from both parents and then determine if the relocation is in the best interests of the children. If they approve the move, they can make changes to the parenting plan to make shared custody or regular visitation feasible despite the new living arrangements.
Pursuing a custody modification is typically part of the relocation process. Parents who want to move on with their lives after divorce may need help navigating the family courts to facilitate a smooth process, and that’s okay.
