Can parents modify custody orders to leave the state?

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Can parents modify custody orders to leave the state?
Aug 07, 2025  |  Firm News

Custody orders outline the division of parental rights and responsibilities. Parents who are subject to custody orders have to communicate with each other and share decision-making authority. They have to adhere to the established parenting schedule and routinely exchange custody of their children.

Parents who must conform to the standards of a shared custody order may feel uncertain about their rights. They may worry that they cannot pursue an employment opportunity or a new relationship in another state because they share custody. Thankfully, there is a process that can allow them to move with their children.

State law has rules for relocations

Generally speaking, any parent proposing a move that could impact the custody arrangements for their children must provide advance notice to the other parent. If the move takes the children out of their current school district and could potentially affect shared custody arrangements, parents typically have to provide advance notice regarding their intent to move at least 60 days before the proposed move.

The other parent can cooperate. It may be possible to negotiate a new custody arrangement that focuses on weekends or school vacations due to the increased distance between parental households. If they do not agree that the relocation is necessary or on the terms for modifying custody, then the matter may need to go to court.

Family law judges hearing contested relocation cases consider the reason for the move and whether the relocation is in the best interests of the children. They can grant one parent permission to relocate and modify the custody order accordingly. They can also decline to permit the move, at which point the parent proposing the move may need to consider their options carefully.

Learning more about custody modifications related to relocations can help parents rebuild their lives after the end of a relationship. Shared custody does not always prevent parents from pursuing new opportunities.

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