Life moves on after a divorce or breakup. People start looking for new opportunities after the end of a relationship. They might hope to move closer to their families for affordable childcare support or may pursue new housing arrangements that better suit their needs.
Any relocation while sharing custody has the potential to change family circumstances. Typically, parents must provide one another with advanced notice of an upcoming relocation. How much advance notice is necessary before a relocation?
Notice two months in advance is necessary
State statutes require that a parent intending to relocate while subject to a custody order provide the other parent with notice at least 60 days before the proposed move. There are exceptions available in scenarios involving domestic violence and restraining orders.
Most of the time, a parent hoping to relocate with their children should notify the other parent as far in advance as possible. Doing so gives them an opportunity to negotiate any adjustments that may be necessary to their shared custody arrangements.
Sometimes, the relocation is local and has minimal impact on the drive time between the parents’ houses and other aspects of shared custody. Longer-distance relocations, including moves out of the state, are more likely to lead to conflict and major changes to custody arrangements.
In cases where parents don’t agree on the terms of a relocation, they may need to go to family court to have a judge determine what is best for their children. Following the appropriate procedures is critical to success when hoping to relocate with children in a shared custody scenario. Parents have the option of setting their own arrangements cooperatively or litigating when they do not agree about a proposed move.
