Parents who share custody have to make many compromises. They have to compromise on how much time they have with their children. They usually also share legal decision-making authority, which means they have to compromise about the upbringing of their children as well. They may have to talk about matters related to education, religion or medical care before making major decisions about the children.
In fact, they may not even have the freedom to move without obtaining pre-approval. It is quite common for people to change houses after they divorce. Parents who share custody may find better jobs or may look for more affordable housing. They may also start new romantic relationships that require major living adjustments.
If a parent who shares custody of their children intends to move with the kids, they may need to obtain pre-approval before relocating. When is permission necessary before moving with children in a shared custody scenario?
Many relocations require pre-approval
Family law statutes impose specific restrictions on relocations involving shared custody. Generally speaking, either the other parent or the courts must consent to the move for a parent to relocate with their kids.
Any move that has a significant impact on the distance between parental households could require approval. The law includes exceptions for relocations that reduce the distance between parental households and moves that increase the distance between homes by less than 20 miles.
Any relocation that increases the distance between households by more than 20 miles or takes the children out of the state requires pre-approval. In some cases, the other parent may agree to the relocation.
They recognize it as necessary and potentially beneficial for the children. Parents in such scenarios can request an uncontested modification where they adjust their custody arrangements based on their new living situations.
If one parent contests the move, then the matter may require the review of the judge. Family law judges consider the impact that the move may have on custody arrangements. They should consider what might be in the best interest of the children.
If the move is likely to have a negative impact, then a judge may choose not to approve the proposed relocation. However, if there are clear benefits for the children and the family, then they may agree to the relocation and could modify the custody order to reflect the changed circumstances of the family.
Both parents hoping to relocate and those fighting a proposed move may need help addressing a contentious custody issue. Understanding the basic laws that apply in joint custody scenarios may help parents assert themselves as family situations evolve after a divorce.