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What to know about moving out of state when you share custody

On Behalf of | May 30, 2024 | Child Custody

Moving out of state when you share custody of children involves several important considerations. This process can be complex.

It requires careful planning to ensure the well-being of the children and compliance with legal requirements.

Custody agreements

If you plan to move out of state, review the custody agreement. Most include clauses about relocating with the children. Understand these terms to avoid violating the agreement, which could result in legal consequences.

Permission for relocation

In most cases, a parent cannot relocate out of state with the children without permission from the other parent or the court. This requirement is to ensure that the move is in the best interest of the children.

If the other parent agrees to the move, both parties can modify the custody agreement to reflect the new arrangement. However, if the other parent does not agree, the relocating parent must seek approval from the court.

Factors the court considers

The court’s primary consideration is the best interest of the children. The court evaluates the potential impact of the move on the children’s relationship with both parents, their education and their social life. Additionally, the court considers the reasons for the move, such as employment opportunities or better living conditions.

Preparation for court

To prepare for court, gather evidence that supports the move as beneficial for the children. Relevant information might include details about better schools, safer neighborhoods or improved financial stability. Present a detailed plan for how you will maintain visitation with the other parent and ensure that the children’s relationship with the parent remains strong.

Moving out of state with shared custody often involves getting permission for relocation. Being proactive and flexible about solutions can be helpful.