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What if a co-parent wants to relocate post-divorce?

On Behalf of | Oct 20, 2024 | Divorce

Shared custody or time-sharing has become the go-to solution in cases where parents divorce when they still have minor children living at home. Each parent has a certain portion of parenting time, often expressed as an overall percentage of overnight parental responsibilities.

Parents may meet regularly to exchange custody and can typically see their children quite often. It is possible for both parents to maintain a healthy bond with the children when they see them regularly. That may all be at risk in a scenario where one parent wants to relocate after the divorce. Factors ranging from housing prices and employment opportunities to family connections and new romantic relationships may lead to one parent proposing to move with the children.

Relocations can limit custody exchanges

Some parental relocations are relatively minor. One adult moves across the county or one town over in pursuit of more affordable housing or a better-paying job. Parents may have to make small adjustments to their time-sharing schedules but can often continue seeing the children regularly.

Other times, one parent’s decision to move can have significant implications for the current shared custody or time-sharing arrangements. Typically, if the move is 50 miles away from the current residence and lasts for at least 60 days, it requires pre-approval from the other parent or the family courts.

If the other parent worries that the move could damage their relationship with the children, they can oppose the relocation. At that point, a family law judge may need to review the situation and make a determination.

Judges can approve relocations when they believe they are in the best interests of the children. Other times, they may rework the time-sharing arrangements to give the parent remaining in the same location more time with the children and the other an opportunity to see them during school vacations.

The outcome of litigation is unpredictable and largely depends on what the judge perceives as best for the children. Parents worrying about losing time with their children can often ask judges to intervene so that they can maintain their bond with their children if the other wants to move a significant distance away.

Understanding how judges handle custody disputes related to relocations and other timesharing challenges can help parents respond appropriately as their family circumstances change. Parents who stay in the same community can sometimes obtain more time with their children in a relocation scenario.

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