Protecting And Preserving What Matters Most: Family

How Does Moving Affect Custody?

On Behalf of | Sep 19, 2022 | Child Custody, Family Law

A custodial parent may want to move to a different town or state for a wide variety of reasons. The person may want to start a new job or sign up with a new school. The cost of living may be cheaper in a different area than it is in the custodial parent’s current area. The individual may feel like getting a fresh start in a place that is far away from traumatic experiences. Such a move could complicate an existing custody and visitation arrangement. Therefore, a custodial parent who wants to move will have to complete a relocation request.

How Moving Affects Parenting

All United States courts handle custody and visitation situations according to the best interest of the children. A relocation request could put a strain on the non-custodial parent because of traveling expenses and decreased opportunity for that person to see his or her child. The judge will want to know if the two parents have agreed to the relocation, and if the parties have made feasible arrangements for court-ordered visitation to occur. Some court order modifications may be necessary.

Agreement of the Other Parent

If the non-custodial parent agrees with the relocation, then the custodial parent can obtain approval quite easily. A court hearing must occur if the non-custodial parent does not want the custodial parent to relocate with the child. A change in custody may occur in such a case. The judge will have to hear both sides of the story. If the custodial parent shows that he or she is willing to make efforts to share expenses, then the judge may allow the current court order to stand. A custodial parent can offer to meet the other parent half way. Additionally, the two parties could work out an extended visitation in which the non-custodial parent has the child for extra time.

Getting Legal Assistance

Due to the complexity of a relocation, a custodial parent should speak with an attorney about relocation laws. Any complications that arise can hinder the custodial parent’s opportunity to move toward a brighter future.

Gary J. Natale, P.C. has been practicing in the family law field for several decades. He is a compassionate attorney who believes in the preservation of family values. A custodial or non-custodial parent can contact his office by calling 973-324-9711 or by clicking here to complete a short form.