Handling Visitation When One Parent Lives Out of State

Brother and sister playing with tablet in planeBecause no family is the same, all visitation schedules could differ as well. Custody battles can be extremely emotional and you may find that it is difficult to perfectly tailor a custody schedule that works for you and your ex-spouse after divorce. When the courts help you determine your custody schedule, they will consider the best interest of the child. This means that they will probably allow the other parent to exercise a reasonable amount of visitation with the child based on the circumstances. But what happens if one parent lives out of state? How will the schedule be handled? In these cases, you may have fears – and we have answers.

Out-of-State Parenting FAQs 

What happens with visitation when one parent lives out of state? When you live hundreds of miles away from one another, visitation may be difficult. Many parents may not be able to picture sending their toddler on a plane to visit a parent. However, there are many different ways that visitation can work. The child or children could visit during the summer or on holidays and could keep in touch over regular phone calls. Even though it may sometimes be seen as an inconvenience, both parents have to commit. 

What happens if the other parent is restricted from taking the child out of state? If you have sole physical custody and the other parent lives out of state but your order states that the children cannot leave the state without your permission, your order answers this question for you. Unless you agree, your children do not have to go. If your ex-spouse wants to take them out of the state, they will have to file a modification with the court to have this changed. 

Will visitation be for long periods of time? This depends on what you are both comfortable with and what the court believes. They may give your ex-spouse reasonable time, which may be large chunks of summer vacation or sharing school breaks. 

What happens if one parent lives long distance and has not been active in the child’s life? If the parent has not been active in your child’s life at all, you should go to court and ask for a modification that does not allow the parent to leave the state with your child. This will reduce visitation or make it supervised, given the circumstances. 

Who is responsible for transportation and who pays? This depends on what the court determines when you file for a modification and ask them to clarify the transportation issue. Who will pay depends on your situation. Sometimes, it will be shared. Other times, one parent will be responsible. This depends on your financial situation as well as who moved away from who.

If you have gotten a divorce and are working through custody matters with one parent living in another state, you may have concerns. Luckily, we can help answer your questions concerning these crucial matters. Call us today for more information today.