A non custodial parent moving out of state is generally allowed without the court’s permission until there is any such prohibition or limitation on the original custody order.
On the other hand, as a custodial parent, you may be worried about how this will affect your parenting time, and personal arrangements or the child as they will miss the opportunity to grow up with both parents. In this article, I will show the solutions for both to handle this situation.
Non Custodial Parent Moving Out of State – Two Solutions
Solution for custodial parents:
I know a mother, Jessy, who has physical custody of her daughter. According to the custody order, the father was exercising his visitation rights by picking up the daughter at his home with proper sleeping arrangements for two days weekly.
During that two days, Jessy was doing a part-time job. But, recently, the father has moved out of the state and not maintaining the visitation schedule. Now, suddenly it is almost impossible for Jessy to continue that part-time job.
You may have similar situations. You have a personal life, you may have a new relationship or job, and you may not be able to continue the parenting schedule as usual if the non-custodial parent moves out of state.
Or you are just worried about the children’s feelings as they will miss another parent. So you want to stop another parent or modify the original custody order regarding the rights of the non-custodial parent?
If you want to stop another parent from moving out of state, you have to file a petition with the court that originally issued the custody order and request a hearing. The outcome depends on the custody decree.
Though this varies from state to state, most of the time court applies residency rules which are called ‘domicile restrictions’. Court uses this rule to ensure that the children have a continuity of care and love from both parents.
When the non-custodial parent moves away, then what happens? That goes against the whole idea of a residency restriction.
In response to your petition, the court may restrict the movement of a non-custodial parent. You need to prove that this movement will not be in the best interest of your children. An experienced family attorney can help you to prove this.
If the Decree is silent about ‘domicile restrictions’, you need to file a petition to modify the custody order. As no custodial parent is moving out, so request the court to cancel his/her visitation rights and permit you sole custody.
The court may accept your request or modify the visitation schedule by online visitation or long gap visitation, which suits the best for the interest of the child.
You may also apply to move by yourself in this situation. In most states, if one parent has moved out of the area, a move is typically permitted for custodial parents. However, it may be restricted in certain circumstances (if the non-custodial parent relocated 50 kilometers away, for example).
Solution for non-custodial parents:
It may be tough for a divorced parent to maintain a visitation plan while also managing the demands of work, health, and personal relationships.
The parent who visits frequently has to battle to keep in contact with their children and show their commitment to the court-approved visitation schedule.
When you are presented with a new job opportunity or a circumstance where you may need to relocate out of state, however, your visitation agreement may present several roadblocks.
In contrast, most courts will allow you to relocate out of state while keeping your right to visitation – which could include an adjusted schedule or online visitation. You may also petition for custody.
There is no specific rule against a non-custodial parent moving out of state. But if there are any domicile restrictions in your custody order, you have to follow that. If there is any, you can move out of state only after getting permission from the court or the custodial parent.
If you want to move out of state with the child and there is no domicile restriction, you must notify the other parent about your moving plan in advance, at least 30 days before moving.
Non custodial parent moves out of state without notice might face contempt of court. If the custodial parent doesn’t agree, you need to file a petition to the court for custody and request approval to move.
To ask the court to modify the custody order and shift custody to the non-custodial parent, the non-custodial parent must prove that he or she is in a better position to care for the kid. Once the court assigns custody to the non-custodial parent, the new custodial parent may apply for the move.
If the other parent may also file a petition or object with the court to stop you from doing so. The other parent will have to prove that it is not in the child’s best interest to move out of state.
The court will consider many factors when deciding, including:
- The logical reasons for the movement
- The non-moving parent’s reasons for opposing the relocation
- The relationship between parents with the child
- How will the move impact the quality and quantity of the child’s future contact with the non-custodial parent
- How the move will help the kid’s academic, emotional, and financial lives.
- The feasibility of visitation arrangements with the non-custodial parent following the move
Remember that establishing custody as a non-custodial parent is not so much easy. If you are a non-custodial parent and planning to move out of state with the child, you should talk to an experienced family attorney first. He/she can help you to understand your rights and options under the law.
You can only apply for interstate relocation with your kid after you’ve obtained custody. Judges may allow parents to form joint interstate custody, in which the kid travels between two residences in different states, but they will want to be sure it does not influence the child’s growth.
Interstate custody agreements can include alternating physical custody between the school year and vacations.
Below discussion on moving out of state in a child custody case might be helpful for you:
FAQs on Non Custodial Parent Moving Out of State
How far can a non custodial parent move?
While there is no hard and fast rule about how far a non-custodial parent can move, courts generally frown upon moves that make it more difficult for the other parent to exercise their visitation rights.
In general, a non-custodial parent should not move more than a reasonable distance from the other parent without first obtaining permission from the court or reaching an agreement with the other parent. If you move without permission or agreement, you may be subject to sanctions from the court.
What is the impact of a noncustodial parent moving out of state?
There can be a number of impacts when a noncustodial parent moves out of state. First, it can mean that the custodial parent has to deal with more logistics regarding scheduling visitation and travel. Second, it can be emotionally difficult for the children if they don’t get to see their other parents as often.
Third, there may be financial implications if the noncustodial parent is required to pay child support and now lives in a different state with a lower cost of living. Finally, it can create stress on the family if there is already conflict between the parents.
Overall, the impact of a noncustodial parent moving out of state will vary depending on the specific situation.
What happens when the non custodial parent moves away?
If the non-custodial parent moves away, they will likely lose custody of the child. Depending on the state where they live, relocation by the non-custodial parent without prior court approval may result in a change of custody to the custodial parent.
The rationale behind this is that it is generally considered to be in the best interests of a child to reside with one parent as opposed to residing part-time with two parents who do not live together. This is especially true when one of those parents has moved significantly away from the other.
So, that’s all from me to handle the situation of non custodial parent moving out of state. You may follow any of the above solutions according to your position and need. But, remember that you should always act in your child’s best interest.