If you share joint custody with your ex-partner, then you have already gone over some of the rules outlined in your custody agreement that show you both how you are meant to handle sharing responsibilities and physical custody.
There are child custody laws for a reason, for the health and safety of the child, so if the other parent decides that they want to move with joint custody, then you will want to know how far they can move, as well as what steps need to be taken to ensure that the relocating parent sticks to the custody arrangement.
Raising a child is not a simple process, it takes time and dedication, so when a parent decides to relocate, they need to ensure that they are doing it with good and honest intentions.
Checking State Laws
In every state there are specific laws, some laws are the same as other states, and there are states which will have their own rules and regulations.
If it is only one custodial parent moving out of state, then they will need to check with their current state laws to see what they will have to do before putting that in motion ahead of the move.
If the other parent objects, then a relocation custody case with a child custody lawyer may come about if both parties are unable to reach a satisfactory joint custody arrangement with regard to relocating.
Be aware that if you are the other parent who wants to relocate your child and it is taken to a court hearing as you can’t get the other parent’s consent, you will have to state your case as clearly as possible and give solid reasons as to why you need/want to move. You would also have to provide details on your occupation, income stream, home space, and many others. This is an extensive process, and it is crucial that you have a lawyer by your side who is well versed in Arizona Family Law, if that’s where you live.
How Far Can a Parent Move With Joint Custody?
Let’s break it down as easily understood as possible so there is no confusion with joint legal custody laws.
Basically, there are no limitations as to how far a parent can move when they have joint custody with the other parent.
However, before they are able to move with their child, they will need to get court approval if required (one parent may decide to move with them or give away full custody down the road).
The reason why court approval will be needed with a joint physical custody case is that one parent may get less time with their child, so it affects parental time and connection.
It’s generally a good idea to speak to your attorney to understand more about what you can do in this situation. You can also Click here for family solicitor advice and further information.
There Are Two Types of Joint Custody
There are essentially two types of joint custody, which you can learn about with the help of Denver Custody Lawyers or similar attorneys. But before you go on to discuss your options with your spouse, you’d want to do some groundwork and understand how physical joint custody and legal joint custody work:
Physical Joint Custody
This will determine who the child lives with and what the visitation schedule is for the other parent.
Parents have to work together to help raise their children in an environment that sticks to the laid-out child custody orders to ensure that their child’s health and safety always come first no matter what.
Legal Joint Custody
Both parents will share the responsibility of making decisions for their child, this includes things such as their healthcare, education, as well as their legal rights.
Every Decision Must Benefit The Child
No matter how the parents feel or think about each other, they must be able to provide the necessary child support that can help their child feel secure with both of their parents so they do not believe that they are a burden or there is an issue because of them.
When it comes to joint custody relocation, the parent that is moving will need to think if this is the right move for their child as a whole.
The moving parent may be relocating due to work or family issues in another state, but they have to think about the impact and ramifications that this can have on their child and if it has the potential to affect them in other ways from educationally to personally.
Speaking to The Child
If their child is older, perhaps in their teenage years, parents may wish to speak to their child together to let them provide their own input in what they want to happen as well as talk it through.
So many children can be left in the dark which can make them feel even more frightened and worried, so it is important that they are part of the conversation not just the object.
How Far Can Parents Be Apart With Joint Custody?
Ultimately, it is up to the judge to decide just how far apart parents can be when it comes to relocating.
Everything is up to the judge, and they will take quite a few factors into account such as if you are able to get them to school each day and provide them with the education they require to meet their requirements.
Custodial parents only have what’s called a presumptive right to relocate with their children, as long as it doesn’t interfere with the current custody agreement.
Can a Non-Custodial Parent Move Out of State?
A non-custodial parent does not need to have permission to move out of state as they are not the parent that will have the child most of the time, so their child will not be too badly affected.
The non-custodial parent will still need to go to court to have their visitation schedule and child custody changed to fit in with the new way that they can see their child and if they do not go then this will not be changed to what they need.
A Custodial Parent Can Withhold Visitation
Custodial parents can withhold visitation for any reason if they feel like it is right to do so.
However, they will be taken to court and have this challenged by the non-custodial parent if they believe that this is unwarranted.
So, if you have not changed your visitation schedule and custody, then the judge may go in favor of the custodial parent because you have not taken the responsibility to change your orders in line with your new way of living.
Winning a Relocation Custody Case
If a parent moves far away then there is no way that they can match their custody orders which means that they can be taken to court for this and be held in contempt.
So, if you do want to move away with your child and follow all the laws set out, then you will need to go through the correct steps.
Hiring a Child Custody Attorney
If you need to file for a relocation custody case, then it would be prudent for you to hire a lawyer or a professional of comparable caliber elsewhere.
The attorney will file a Letter of Intent of Relocation and have it served to the other parent. If the parent is making themselves scarce for one reason or another, the attorney would probably advise you to hire a tracing agent (find out more about how they work) to find the other parent and serve them the letter.
After that, the parent it has been sent to can either ignore the letter or they can object to it which will get the ball rolling on a court hearing.
The parent who wants to move will need to prove that relocation is the best option and that they have accounted for their child’s safety and care with the relocation.
The judge will make the decision based on what would be best for the child in the long run and if the parent has proven that they have the best interests of the child at heart and they want to make sure it is a smooth and thoughtful transition.
Ignoring The Letter Aftermath
If the other parent ignores the letter, then the relocating parent will need to file specific documents for this process, they are as follows –
- Proof that they sent the letter and that it was received.
- An affidavit that will state that there was no objection by the other parent.
- A petition to confirm that there is a relocation.
- A petition to modify the current custody orders.
If this is all done by the book and everything can be proved, a judge will more than likely rule in favor of the parent who is relocating.
Doing What is Right For The Child
If a child has any evidence of abuse, whether it is physical or emotional by any one of the parents, custodial or non-custodial, then the parent that has noticed these issues will need to raise the alarm and have this dealt with by the courts.
This can be incredibly delicate to handle, and in some cases, until the decision has been made, children may return to their normal home (custodial parent) if there is no strong case that they are in immediate danger, or they may be held with social services.
Whatever happens, the health of the child has to be the most important thing that comes out of a court hearing.
Conclusion
You should now know how far a parent can move with joint custody and what they need to do if they want to change the custody agreement for moving out of state or moving further away.