People move for many reasons – a new job, getting married or remarried, to be closer to family, access to better education or employment opportunities, wanting a change of scenery or climate, etc. If you’re planning to move but have a child custody agreement in place, however, you will need to consider some additional steps to protect both your child’s best interests and your custodial or visitation rights. Although the laws governing child custody and relocation vary, especially when it comes to international relocations, thinking about the guidelines outlined below is a good place to start.

Understanding Child Custody Agreements

Child custody agreements generally provide guidance about where the child will live (physical custody) and who has the legal right to make important decisions about education, religion, healthcare, and more (legal custody). Custody can be shared between the parents (joint custody) or granted to only one parent (sole custody). 

Family courts will always prioritize the child’s well-being when making custody decisions, and will usually seek out custody arrangements and visitation schedules that allow the child to maintain a relationship with both parents, unless one is unfit. 

The Impact of Relocation on Custody

When one parent wants or needs to relocate, issues can arise if the new location is far enough away to complicate the existing custody arrangement and visitation schedule or interfere with the non-custodial parent’s ability to maintain a meaningful relationship with the child. The relocating parent can choose to work towards an agreement with the co-parent, pursue the case in court, or seek mediation. 

Parental Agreement

If both parents agree to the relocation, they can work together on a revised custody agreement. However, the new agreement should be detailed, in writing, and signed by both parties to avoid future disputes. Some practical tips for working with your co-parent are to communicate early, to have a new, proposed custody agreement and visitation schedule already in mind, to be transparent, and to document everything in case you do need to pursue the case in court or mediation. 

Court Approval

If one parent does not agree to the relocation, the other parent can seek to gain court approval by pursuing a relocation or move-away case. Family courts take several things into consideration when deciding on relocation cases, including: 

• The child’s best interests
• Reasons for relocation
• Impact on non-relocating parent
• Child’s preferences (for older children)
• Current parenting plans, custody agreements, etc.

Mediation

For parents who cannot reach an agreement but do not wish to pursue the case in court, mediation services can sometimes help resolve relocation disputes. A neutral, third-party mediator can facilitate dialogue and compromise, allowing the parents to reach a new custody arrangement and a visitation schedule that works for everyone. 

Get Legal Support from Family Law Experts

Any time the wellbeing of your children is involved, the stakes are high. If you need to relocate and want to take your children with you or are concerned about the impact your move will have on your visitation rights, or if your co-parent is planning to relocate with your children, consulting with family law experts can help you understand and protect your rights. Lonich Patton Ehrlich Policastri’s attorneys have extensive experience working with clients dealing with parental relocation issues. Get started with a free consultation to find out how we can help you today!

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.