When a parent with custody relocates with the children, it can have negative effects on an already trying situation-;and it can leave the child to have a long-distance relationship with the other parent. If there’s no agreement between the parents, a dispute may arise if the other parent has an objection to the move. Consequently, courts are forced to decide whether a relocation is in the child’s best interest, and they may force the custodial parent to stay in-state. Laws on custody and relocation vary widely, and there are rules on consent, notice and presumptions.
Express Consent
Many states allow relocation as long as there is an agreement that contains consent to relocate, along with a schedule for visitation. The agreement often takes place during initial custody proceedings, and is contained within the custody plan.
Notice & Consent
Some states require custodial parents to give written notice if they plan to move out of state, usually within 30, 60 or 90 days. In addition to written notice requirements, some areas require the noncustodial parent’s consent, or their objection through a court motion.
Distance Rules
Some states use distance to determine whether a custodial relocation is legal. For instance, if the new home is within 100 miles, even in the same state, courts may consider distance in their findings. Other states consider any out-of-state move as a negative thing, and these moves may be prohibited completely.
The Burden of Proof
Some jurisdictions require details such as statements describing the reason for the relocation. These statements are required if the move would affect the child’s education, social or emotional stability. Reasons for a move may include a lower cost of living, moving closer to family, new jobs, or continued education. Courts may reject moves with retaliatory motives, just as they may allow moves in cases where the noncustodial parent failed to hire a Family Lawyer in Poulsbo WA to exercise his or her visitation rights.
Because child relocations involve a substantial circumstantial change, parties may need to ask for a modification of a visitation or custody order. In some circumstances, such as in joint custody arrangements, courts may need to re-evaluate the custody agreement, and they may suggest that the other parent take custody of the child to maintain some sense of stability. A Family Lawyer in Poulsbo Wa can help parents find an equitable solution while protecting their legal rights.
