A child custody case impacts the decisions that parents can make on their own. In some cases, there are serious restrictions on what the parents can do. One of the areas that is included in this is the ability to move.
Custodial parents can’t just up and move with the children without notice. Instead, the parent has to give a 90-day notice to the other parent when a move is going to occur. This must be served by certified or registered mail.
There isn’t any minimum distance noted for this notification. This means that you will have to notify the other parent accordingly even if you only plan on moving a few blocks.
During the 90 days between the notification and the move, the other parent can object to the move in court. In this case, the custodial parent would need to fight for the ability to move.
When a custodial parent wants to move, the move must be in the child’s best interest. If it isn’t, the court might decline to give the parent permission to move. This could mean that the parent either has to halt the moving plans or another arrangement would have to be made.
Ultimately, the decision to relocate is a big decision when you have a child custody order. Finding out the requirements for your responsibilities and the actions that your ex might take can help you to plan your steps. Just don’t think that you can skirt around the law and move without taking the proper steps. Moving without taking those steps can lead to serious legal trouble.
Source: Journal Review, “Relocation of custodial, noncustodial parents,” Stu Weliever, accessed June 09, 2017