The distance you can move can only be determined by a judge. Required fields are marked *, How would you like to be contacted? How far you can move with your child is determined by many factors. "There are many ways to find common ground in a relocation case if both sides are willing," she says. Your email address will not be published. Our experienced attorneys offer complimentary 30-minute virtual consultations to clients. Harounian points out that "custody laws are 'gender neutral'. For a full listing of areas where we practice, please click here. "Since a relocation usually involves a change of school and will create obstacles to coparenting/visitation, you need court permission or consent of the noncustodial parent." They can also work with your ex to try and come to an agreement to the custody order that you both are satisfied with, which you can then take to court for approval. Readers are responsible for obtaining such advice from their own legal counsel. And there are other things to consider that are unique to each case and each family. Divorce: Protect Yourself, Your Kids and Your Future, divorce and family law attorney in Great Neck, New York. Moving out of state can complicate joint custody arrangements and a parent may need a court's permission for the move. Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. And parent-time arrangements is often one of the most contentious issues. But if you can show the court or your ex that the move would benefit your child, then you could actually get what you're seeking. State law also does not define joint custody versus sole custody. But don't let that discourage you if you know the move will benefit your child. A highly sought after parent-time arrangement is 50/50. And the custody issues will still need to be heard in the original state unless both parents leave the state.". Your email address will not be published. In California, a move-away modification is necessary if a parent plans to move 50+ miles away from their local residence, although, in large, unclear areas, this can be less. There is no difference whether the relocating parent is a mother or father. If you're wondering how far you can move with joint custody, legal experts have some answers. Which sounds like a lot, but don't worry. When a joint custody order is already in place, parental relocation is considered a modification by the court. * Family LawEstate PlanningBoth, Disclaimer: “I understand and agree that Lonich Patton Ehrlich Policastri will have no obligation to keep confidential the information I am now transmitting. How Far Away Can I Move and Still Have Joint Custody of My Child? Kids, on the other hand, not so much. It's true that if you share custody that you may be required to give notice of the move if you're planning on moving farther than 20 miles, but Kessler says, "the best idea is to renegotiate before the move." If an active involved father sees his child a few days per week, and is bonded to the child, it is going to be hard for the mother to pick up and relocate without a compelling reason." Kessler explains, "Most states have a requirement that advance notice (often 30 days) must be given so the other side can decide whether to file a request to prevent the move. Money, honestly, is relatively easy most of the time. June 10, 2019 by Hayley Cunningham As life goes on for separated parents it’s quite usual for one of them to gain new … What Is A Restraining Order & How To Get One. But Harounian mentions that it could get a little complicated and expensive. https://www.lpeplaw.com/wp-content/uploads/2020/11/FatherLeavingHome.jpg, https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png, How Far Can A Parent Move With Joint Custody. If you're divorced or getting divorced and share custody, things may be a little more complicated, but it's not impossible to live the life you want. If you live in San Jose, Santa Clara, or the surrounding communities, contact Lonich Patton Ehrlich Policastri for a free consultation. Instead, moving is dictated by separation agreements and custody orders. She explains, that you would probably "have to make concessions regarding child support, cost of travel, parenting time during the summer or school recess periods." The support network – This considers the family and friends, and support system living nearby the child. This is where both parents share an equal number Even when you're facing tough economic times and feel you literally have no other choice, be sure to weigh the following considerations before you relocate with your kids: If the parent has been convicted of a domestic violence offense, then the statute states that the judge might not give notice of your intent to relocate. The child’s relationship with each parent – The child’s feelings matter when approving a move-away order, but the judge will also determine what is in their best interest. But there are rules parents should keep in mind before moving. The current visitation schedule – This will take into account how much time the child spends living with each parent and the effect this time has on the child(ren). By clicking “Accept & Submit,” I agree that Lonich Patton Ehrlich Policastri’s review of the information I am providing will not preclude the firm from representing another client, including one who is directly adverse to me. The relationship between the parents – The judge wants the parent who is the most reliable when it comes to maintaining and encouraging continual communication and contact between the child and their other parent. Generally if a parent’s move will impact the parenting arrangement specified in the last court order, the order should be modified to account for the new arrangement. However, it can get a little complicated if you're looking to change schools or you're moving far enough away that will affect visitation. Kessler says, "If negotiations donât work, you [can] file a request to modify the parenting plan." All rights reserved. When people divorce, they fight about two things: money and kids. But what do you do when one parent wants to relocate? If you are the parent of a child and want to move away or if your ex wants to relocate and move the child with them, what’s next? Florida law defines relocation as one parent moving 50 miles or more away from the current residence, for at least 60 days, distinguishing it as a permanent move rather than a vacation, temporary move for … The courts must decide that the move is not harmful to the child in any way in order to approve it. However, it’s unlikely that a parent convicted of domestic violence would be given joint custody, to begin with. All rights reserved. How Far Away Can I Move and Still Have Joint Custody of My Child? How far can a parent move with joint custody? You can always move. The modification can be filed by the parent looking for permission to relocate, or by the remaining parent who wishes to update the custody agreement so that they don’t lose time with their child(ren). A very real problem for a lot of parents. The current parental schedule will be considered when approving or disapproving the modification. 2020 Bustle Digital Group. However, it’s unlikely that a parent convicted of domestic violence would be given joint custody, to begin with. Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com. If your ex doesn't respond to prevent the move, you're free to move as planned, but try to renegotiate visitation and other logistics before you leave so you're less likely to run into problems down the line. "It takes communication and compromise, and an experienced attorney or mediator." Or what if an amazing opportunity comes your way in another city or state? The accessibility of the move – this has to do with distance and expenses related to visitation by the other parent if the move is approved. * PhoneEmailEither, Message (summary of legal matter or reason for consultation) *, Which practice area are you interested in? If you are planning to relocate with your child, you should know about the process you’ll need to go through to legally relocate. When you share joint custody with your ex, the idea of a big life change such as moving can be scary. The results can be uncertain and what will happen is at the discretion of a judge.
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