Sometimes, arranging a child custody situation that works for everyone can be precarious. So what do you do when you finally work out a child custody arrangement, and one parent needs to move far away? Such situations can result in a relocation dispute, if the noncustodial parent objects to the intended move based on how it might affect custody and visitation. If this occurs then it will be up to the courts to decide whether or not child custody relocation is in the best interest of the child. State laws determine requirements for relocating with a child.
“Express Consent” is one law that dictates child custody relocation. Most states allow child custody relocation as long as the parents have an agreement that contains consent to relocation, as well as a proposed visitation schedule. Express consent usually is determined during the original custody proceedings, and is typically contained within a clause in the child custody plan.
“Notice and Consent” can also come into play. Sometimes a custodial parent is required to give notice, typically written notice, of the intent to move. The notice must be given to the noncustodial parent within a certain time limit, usually 30, 60, or 90 days before the intended move. In addition to notice, some states also require consent of the noncustodial parent to allow the move, or they can object by filing a motion to prevent the move.
Additionally, sometimes the allowance of child custody relocation is based on the distance of the intended move. A court may factor in the distance, for instance if it is in 100 miles or within the same state, into it’s decision. However, other jurisdictions may view any move, regardless of the distance as a significant factor, which could prevent a move altogether.
Some jurisdiction require additional detail. A court may require a statement outlining a “good faith” reason for the intended move, called a “good faith burden of proof.” The purpose of the burden of proof is to determine if the move’s impact on the child’s school, emotional, development, and social stability is worthwhile. Good faith reasons might be better cost of living, wanting to be closer to family members who would help with child care responsibilities, a new job offer, or continuing one’s education. A court can also object to a move if presented with bad faith reasoning, such as wanting to move away as “revenge” to the other parent. A court could also consider the noncustodial parent’s reasons for objecting to a move. If the objecting parent was largely an “absent parent,” the court may not consider their objections.
Finally, a court will almost always take into consideration a visitation schedule, travel costs, and possible modification of child custody. The court will ask the relocating parent to make a proposed visitation schedule including the times and locations of visitation with the noncustodial parent. Some states require an equal slip in increased travel costs, though others may require the relocated party to incur most of the transportation costs related to visitation. Finally, if the relocation warrant it the court will consider a modification of existing child custody orders.
