But do not just move without making an official arrangement. This is a relocation issue. It can complicate visitation as well as significantly change the children’s relationship with the non-custodial parent. State law also does not define joint custody versus sole custody. It’s generally more difficult for a parent to move a significant distance away with a child when there is joint as opposed to sole physical custody. In this case, a 40 mile move from Lancaster to Tehachapi was considered a "move away case." Divorce and child custody in Florida can be a somewhat tricky procedure. Some states may also consider the noncustodial parent's reasons for objecting to child custody relocation. But it may take longer to make an agreement with the other parent or get a court order. Is it selfish to put yourself before your kids? Should I try to lower my income before divorce to reduce my alimony exposure?! Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children. No parent out there feels this would be in the best interest of his or her child. Randall M. Kessler is the author of the book Divorce: Protect Yourself, Your Kids and Your Future and founding practicing attorney at KS Family Law based in Atlanta, and Jacqueline Harounian is a divorce and family law attorney in Great Neck, New York. For example, if a child has a clos… Move-away cases often end up in court. You need a fresh start. How Joint Custody Impacts a Child’s School Enrollment The goal of any child custody agreement is to arrange for parental visitation in a manner that is in the best interests of the child. If divorced parents have 50/50 custody, can one parent move with the child regardless of the others wishes? The factors can include not only the negative outcomes of moving, but also the positives. A very real problem for a lot of parents. That’s where you get into the kind of disputes I’m talking about. Lastly, a relocating parent might want to consider setting a new custody schedule that would permit extended vacation visits with the non-relocating parent, in order to continue and possibly deepen the bond between the child and the non-relocating parent. And the problem is that you share custody of your kids with your ex. Which sounds like a lot, but don't worry. DISCLAIMER: This site and all information on it is intended for informational purposes only, and is NOT LEGAL ADVICE. For all parent relocation cases filed after July 1, 2018, a new Tennessee law requires a “best interest of the child” judicial analysis. Hi, I live in California and am currently going through a horrible divorce. Parents will offer up evidence to support their position on each of the relocation factors set forth in recently amended T.C.A. Understanding Joint Custody Relocation in Florida. In some states, judges must presume the custodial parent's move is allowed, unless the noncustodial parent has strong evidence that the child would be more harmed than helped by the move. However, these custody arrangements can be complicated by a parent’s desire to relocate with their child. If consent is not given by the other parent, a court order MUST be obtained. Acushnet (02743), Attleboro (02703), Berkley, Dartmouth, Dighton, Easton, Fairhaven, Fall River, Freetown, Mansfield, New Bedford, North Attleborough, Norton, Raynham, Rehoboth, Somerset, Seekonk, Swansea, Taunton, and Westport. Or what if an amazing opportunity comes your way in another city or state? How Do I Know if it’s Time For Divorce? How far can a parent move away from a non custodial parent when they both have joint custody of their 4 and 7 year - Answered by a verified Lawyer. The factors can include not only the negative outcomes of moving, but also the positives. Should I talk to a lawyer before negotiating with my spouse for my divorce? Don’t hate your ex more than you love your kids. If you have sole custody, as opposed to joint-I don't think it matters at all where you move-even to another state (but I live in NY). This may already be addressed in the custody order or custody agreement, if these documents are in place. There are so many questions to consider — and divorce can be mentally, emotionally, and financially draining — but luckily, with the expert advice from a legal professional, navigating through this difficult journey doesn't have to be so hard. And the custody issues will still need to be heard in the original state unless both parents leave the state.". She explains, that you would probably "have to make concessions regarding child support, cost of travel, parenting time during the summer or school recess periods." The stakes are extremely high, particularly when the proposed move is … Instead, moving is dictated by separation agreements and custody orders. If you're wondering how far you can move with joint custody, legal experts have some answers. But Harounian mentions that it could get a little complicated and expensive. Brette's Answer: Puerto Rico is not another country; it is a commonwealth of the US. It’s a selfish act—whether you are the parent moving the child away from the parent or the parent moving away from the child. But if you can show the court or your ex that the move would benefit your child, then you could actually get what you're seeking. When it comes to being able to move somewhere close to where you're living now, you don't need permission from your ex or a judge to be able to do so. 24 April, 2013 | Pauleen Clark. In North Carolina, there are no laws limiting where parents with joint or sole custody can move with their children. When a parent has sole or joint custody of the children, problems sometimes arise when that parent wants to move and take the children with him or her. Yes. How Can I Make my Divorce as Miserable and Expensive as Possible? How far can a parent move away from a non custodial parent when they both have joint custody of their 4 and 7 year - Answered by a verified Lawyer. Divorce and child custody in Florida can be a somewhat tricky procedure. Also, some separation agreements or custody orders contain specific restrictions on the custodial parent’s right to move with a child beyond a certain distance, such as 30 kilometres beyond a specific municipality. Although remarriage and work are considered acceptable and viable reasons for moving, they can be outweighed by the impact of the move on the child or children. Printer-friendly version. It is strongly recommended that this permission be provided in writing. Where both parents equally share custody, the parent opposing the relocation does not need to establish the significant change of circumstances and the detriment to the child that a non-custodial parent must show. If your custody order does not define geographic limits, then it is safe to assume moving out of state will raise a legal issue with your child’s other parent. Some states like Michigan and Arizona require parents to obtain the consent of the other parent or the permission of the state’s court system before they can relocate with their child to another state or 100 miles within the state. "It takes communication and compromise, and an experienced attorney or mediator." You can always move. The likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent. Should I hire a “bulldog” lawyer for my divorce? Joint legal custody arrangements may not be sufficient to require a higher standard of review for the court to get involved in relocation disputes. Similarly, a move is allowable in rare cases where a parents actually anticipated this scenario and included permission to move in a Divorce Decree or Custody Order. One parent being the residential parent, with the other parent having liberal parenting time and if one parent needs, the other steps in. You should seek competent legal representation on any legal matter. Typically, the issue of relocation comes up when the custodial parent, whether they have sole or joint custody of the child or children, wants to move a certain distance away from the other parent. To begin with, if the other parent agrees to allow the custodial or joint parent to move, it is certainly allowed. The boy lives in both homes equally, one week with mom and the next with dad. One parent being the residential parent, with the other parent having liberal parenting time and if one parent needs, the other steps in. Courts will be more likely to approve a move for one parent already spending much more time with the children than the other parent. Brette's Answer: Puerto Rico is not another country; it is a commonwealth of the US. ... How far away you plan to move, And there are other things to consider that are unique to each case and each family. While there is no limit to how far a parent can move, if the move will result in a decrease in parenting time to the other parent in violation of a court order, the moving parent must first obtain permission from the other parent or permission from the court before proceeding. 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