Can a custodial parent move with joint custody?

Remember that the court’s primary intention is always to support the best interests of the child. 1 Quite often, as part of the best interests standards, when the custodial parent and the non-custodial parent head to court over relocation-related disputes, the courts will rule in favor of not disrupting the children’s lives any more than necessary.

Can a parent move with their child before a court date?

If a parent would like to relocate with their child, the relocating parent should have a plan in place prior to the court date. For example, in child relocation cases, the parent requesting the move will be expected to know of possible schools and activities for the child in the new location.

Can a parent move with a co-parent?

Courts do not look very favorably upon a relocating parent who was aware of a move and chose not to disclose it to a co-parent until the court hearing. In addition, the courts will consider several factors when deciding whether to allow a parent to relocate with a child. Those factors include: 1

Why does a judge want a parent to move?

Those factors include: Age and Maturity of the Child – For older children, a judge might want to speak with the child to assess whether or not the child prefers to live with the relocating or the non-relocating parent.

What happens in a child custody relocation case?

Cordell & Cordell Divorce Lawyer. A child custody relocation case, where one parent wishes to move out of state with the child, typically involves a trial where the left-behind parent can make a case for why the other parent should not be allowed to relocate with the child.

Can a parent move out of state and have joint custody?

While parents can maintain joint legal custody if one parent moves out of state, it can be difficult or impossible to maintain joint physical custody if one parent wants to relocate a long distance away.

How do I move my child from one state to another?

Filing a Petition to Relocate. If the parents don’t agree to the relocation, the parent wishing to move must file a petition to relocate with the court and serve it on the other parent. The petition must include the following information: the address and phone number of the place where the parent wishes to relocate.

When to notify a co-parent of a move?

The courts expect a relocating parent to notify a non-relocating parent about a move in as much time as reasonably possible—preferably, as soon as the relocating parent makes the decision to move. Courts do not look very favorably upon a relocating parent who was aware of a move and chose not to disclose it to a co-parent until the court hearing.

Can a custodial parent move a child out of State?

When parents agree to an out-of-state move, they must sign a written agreement (known as a stipulation and consent agreement), which may be turned into a court order after a judge approves it. If parents can’t agree, they can hire a coparenting counselor or custody mediator who can help guide them toward a resolution.

What to do if custodial parent won’t change custody order?

If the custodial parent won’t change the custody arrangement, the noncustodial parent should file a motion with the court to change the order. The noncustodial parent should prepare for the court hearing by preparing a detailed visitation schedule that addresses how the parents will handle transportation expenses.

Can a custodial parent share physical custody of a child?

It’s common for parents to share joint legal custody —meaning they both make decisions regarding their child—but the division of physical custody varies greatly, depending on the circumstances of the particular case and the laws of the state in which the matter is pending.

Can you get custody of a child after a second marriage?

A second marriage doesn’t automatically warrant a new custody arrangement. Instead, you’ll have to prove that your child’s other parent is no longer able to provide a suitable environment for the child or that your child’s needs aren’t being met as a result of the remarriage.

How does a remarriage affect the custody of a child?

Additionally, if a remarriage caused your child’s other parent to move out of your child’s school district boundaries, you may have a claim to switch custody if your child could avoid having to change schools by living with you instead. Child custody is complicated enough without one parent’s remarriage being added to the mix.

Can you move farther than 20 miles with joint custody?

So if you’re looking to move farther than 20 miles, change schools, or will need to change visitation because of the move, you must file to give your ex notice.

How does joint custody work in a divorce?

Joint legal custody means that the parents plan jointly for their children’s future, as they did before the divorce. Joint physical custody is typically worked out by the parents, taking into consideration things like the parents’ and children’s schedules and desires, the quality of schools, relationships with friends, and so on.

Can a parent get custody after a remarriage?

Some circumstances that may warrant a change to custody can include a parent’s relocation, a child’s recent medical diagnosis, or even a parent’s remarriage. A court will modify custody following a parent’s remarriage if the proposed change serves a child’s best interests.

Can a judge change custody of a child?

The question of child custody can always be reexamined by the court. If a judge finds that it’s in the best interest of your children to change the custody of your kids to the other parent, then the judge can order this.

Can a judge award joint custody in Family Court?

We don’t address dependency court (sometimes called children’s court) or criminal law matters. We also don’t write about parental rights termination cases. In family court, a judge may award joint or sole legal custody and joint or sole physical custody. Parenting time (also called visitation) may be equal or primarily to one parent.

What to do if you lose child custody to your ex?

Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.

When to move your kids in child custody?

Brette’s Answer: If the move will be best for your child and you can show the court there will be an improvement in quality of life while still maintaining contact with your ex, relocation will likely be grated. It would be helpful to have your older kids testify as to how often he participates in the younger daughter’s life.

When to get joint legal custody of a child?

Barring domestic violence in the family, a special-needs child, relevant and special circumstances, or long distances between the parents’ addresses, joint legal custody is presumed to be in the best interest of the child. 1 Suitable evidence must be brought before the court for joint legal custody to be denied.

What are the issues of relocation and child custody?

The following issues relating to relocation and child custody often come up for divorced parents who face the aspect of moving not only to a different city, but sometimes to a different state.

What to do if ex wants to move away with kids?

Learn more about what to do if your child’s other parent is planning to move away with the children. My ex-wife and I divorced 5 years ago, and we have two children together. We went to mediation and agreed she would have sole physical custody of our children, but that we would share legal custody.