Agreeing to specific custody terms or completing the litigation process during divorce can help people establish a new routine. Parents become acclimated to regular custody exchanges and the division of parental rights and responsibilities.
They know they need to communicate about medical decisions in non-emergency situations and discuss matters like enrolling the children in sports with one another. They also know that they have to abide by the established schedule for custody exchanges.
All of that can become much more difficult to achieve if one parent moves a significant distance away from the other while subject to a custody order. Communicating prior to moving is, therefore, crucial for the preservation of parental rights.
When does one parent need to inform the other about a proposed relocation?
All moves require advance notice
Under state law, there is no minimum distance necessary to trigger notification rules. Instead, parents generally need to inform one another in writing about an impending relocation, even if they only move a few blocks away from their current home.
However, the rules are a bit stricter in cases where one parent intends to move out of the school district. The parent intending to move out of the school district must execute specific state documents and serve them to the other parent at least 60 days before they plan to move. They must either deliver the notice personally or via mail with a return receipt.
In such scenarios, including out-of-state moves, the responding parent has an opportunity to object to the move and request a review by a family law judge. The burden of proof is on them to establish that the move is not in the best interests of the children. If there are concerns about parental alienation or the children ending up in a dangerous situation, the non-moving parent may be able to convince the courts to modify the custody arrangement or deny the request to relocate with the children.
Understanding the rules that apply when parental relocations complicate shared custody scenarios can help parents assert themselves and protect their bond with their children. Parents don’t necessarily have to accept giving up their time with or access to their children just because the other wants to move.
