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Can you move out of state with shared custody?

On Behalf of | Jun 3, 2024 | Divorce & Family Law |

When parents share custody of their children after a divorce, moving out of state can be a complex issue. Custody agreements outline the responsibilities and rights of each parent.

If a parent wants to move out of state with their children, they usually need to seek permission from the other parent and the court. This is because the move could affect the custody arrangement and the children’s relationship with the non-moving parent. Courts prioritize the best interests of the children when making decisions about relocation.

Best interests of the children

Various factors contribute to whether the move could be in the best interests of the children. These include the reasons for the move, the impact on the children’s education and social life, and the ability to maintain a relationship with the non-moving parent. The court also looks at the distance of the move and how it might affect visitation schedules. The primary concern is always the well-being and stability of the children.

Custody arrangements

If the court approves the move, the custody arrangement may need modification. This could involve changing visitation schedules to accommodate the distance between the parents. For example, instead of frequent visits, the non-moving parent might have extended visits during school breaks or holidays. A clear and detailed plan is important to ensure the children maintain a strong relationship with both parents.

Communication and cooperation

Both parents should work together to create a plan that prioritizes the children’s needs and maintains a positive co-parenting relationship. Open and honest communication can help reduce conflicts and ensure a smoother transition for everyone.

Moving out of state with children after a divorce is possible with permission and proactive planning. Cooperation between parents goes a long way toward a positive outcome for the children.


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