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The law on relocation and child custody

Child custody agreements are often very fragile since they are mostly mutual agreements between two people that have decided to separate from each other. Therefore, when a custodial parent decides to relocate with his or her child, it can cause a lot of damage to the mutual trust that has been built, and can potentially breach the child custody agreement, too.

This blog serves as a brief overview of where the law stands on child custody and relocation plans.

Giving consent

Most states encourage good communication and agreement between the parents as "plan A" before taking matters to the courts. Therefore, if there is express consent from one parent to the other in regards to their relocation, there will not usually be an issue. There should, however, be a revised visitation schedule if the relocation is going to alter the possibility of continuing with the current visitation schedule.

Giving notice

Often states require that the parent who intends to relocate must give written notice of his or her intentions to relocate. Depending on the statute, the will be a certain amount of days that must be given as a notice period. Some states also require that the other parent expresses consent or files an objection before he or she can move forward.

Distance considerations

There is a big difference between moving 10 miles across the state line and moving across the country. Therefore the courts will assess how drastic the relocation plan is, and how the benefits weigh against the potential consequences from the child being taken away from the non-custodial parent.

Legal guidance

You may want to speak to a family law expert if you have any questions about child custody and relocation.

Source: Find law, "Child custody relocation laws," accessed July 28, 2017

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