Family Law Blog

Child Custody Issues When One Parent Wants to Move to Another State

Thursday, August 31, 2017

What happens when one parent decides to move to a different state? The first thing to know is that if there is joint custody, you’re not permitted to move without the consent of the other parent or a court decision permitting it. Here are some other things you should be aware of.

Physical Joint Custody Vs Legal Joint Custody

Legal joint custody is when the child is staying with only one parent, but both parents have a legal say in the future of the child. In such cases, making a move will be a lot easier to accomplish. When there is joint physical custody, however, things will get a little more complicated.

Getting the Courts to Agree to a Move

It won’t be easy to get the courts to agree to a move. The court will take the ultimate well-being of the child into account, and that includes the emotional effects of moving away from a parent. You will have to prove that moving will be in the best interests of the child. If you can prove that moving is the only way to get reasonable employment, for example, or that the move is necessary for the educational needs of the child, the court may approve the move. Otherwise, you can move only if you leave your child behind. 

Visitation Rights After Moving

If the court agrees to the move, they will work out some sort of visitation agreement for the child. For example, if you are moving far away, the child may spend the summers with their other parent. Other communication method plans such as phone calls may also be set up.

For legal help with your child custody case, just contact us!