Maintaining a healthy parent-child bond in a shared custody arrangement requires regular effort. Most custody orders give each parent a portion of parenting time and a degree of parental authority. Parents have to see one another to exchange custody.
While sharing custody can be challenging, parents usually adapt to the arrangements given enough time. Unfortunately, the family circumstances may not remain totally stable until the children become adults. In some cases, the family may undergo major adjustments as the parents move on after the divorce.
One parent may decide that leaving the state or moving to a different town is their best option. They may do so to continue their education, accept a new job or be closer to family. Can one parent move a significant distance and limit the other’s access to the children in a shared custody scenario?
Relocations require custody changes
A relocation or move-away scenario can quickly become contentious. Sometimes, the relocation is minor and may not have much impact on family circumstances. In most cases, however, long-distance relocations require a major shift in the division of parenting time and other parental responsibilities.
If the parents can work out a new custody schedule that works for them, they may be able to request an uncontested modification from the courts that allows the move to occur. Sometimes, the parent proposing the move cannot secure consent from the other parent. If that happens, the matter may require review by a family law judge.
Typically, the parents hoping to move with the children must give at least 60 days of advance notice to the other parent and the courts. The parent opposing the move must file a formal objection to the proposed relocation.
If the matter ends up in front of a family law judge, the judge considers the family circumstances carefully and tries to make a decision that should be in the best interests of the children. They could drastically alter the division of parenting time to allow the non-moving parent to spend school holidays and summer vacations with the children. They may also limit the parenting time of the relocating parent and allocate more responsibilities to the parent staying in the area.
Relocation requests almost always require a significant modification of the existing custody order. Learning about how the courts handle these cases can be helpful for parents trying to move or trying to prevent their children from leaving the state.