Joint custody is a legal arrangement in which both parents share the responsibility for making important decisions about their child’s upbringing and welfare. In joint custody, both parents are considered legal custodians and have an equal say in matters related to the child’s education, healthcare, religious upbringing, and other significant aspects of their life.
Relocation is a crucial aspect of joint custody arrangements when one parent decides to move a significant distance away from the other parent. When it comes to deciding where to live, no one can tell you where to live, not your ex-husband or the court can decide it for you.
If the custodial parent wants to relocate with a minor child, they should give a notice to the non-custodial parent. If he or she objects the moving, they can go to court to ask it to deny the relocation. Before the judge, the custodial parent must prove that moving is to the best interest of the child.
Matters on relocation should be seriously addressed, as it can significantly influence the child’s well-being, the relationship between the child and each parent, and the dynamics of co-parenting.
Best Interests of the Child during Relocation
Courts strive to promote the child’s best interests while ensuring that both parents have the opportunity to maintain a meaningful relationship with their child whenever appropriate. With joint custody, it means that both parents must communicate and agree on important matters affecting the child.
When you relocate, the education of the child might be disrupted since you will need to change schools. Such important issues will force you to agree with the other parent, which at times can be difficult.
Wondering what it means by best interests of the child? As a parent, we always wish the best for our children. Hearing that a court may deny your relocation on basis of lacking best interest to the child may leave you worried. Here are factors to check to see if you are meeting the best interest of the child;
- The child physical and mental health
- Considering the relationship of the child with the relatives and siblings
- The role each parent has played in raising the child.
- Relationship of each parent
- The child’s preference
- The tendency of each parent to actively support the child as well as the relationship with the non-custodial parent.
So, now you have succeeded in convincing your partner or the court, how far can you move with the Joint Custody?
Related article; Reasons Why a Parent Can Lose Custody of a Child
How Far Can a Parent Move with Joint Custody?
First, as a parent with joint or sole custody of a child, note that you cannot relocate from one state to another without an agreement from the other parent or court order.
The far you can move during relocation with a joint custody will depend on your parenting plan. A good move would be to first talk to the other parent and let them know that you will be moving.
If the talking does not work, you can file a case to modify your parenting arrangements. Remember the decision will be made to the best interest of the child. If a mother wants to relocate but the father is actively involved in the child’s life, it might be difficult to separate them.
Noteworthy, there is no any law that states the number of miles a custodial parent is allowed to move. The farthest you can move depends on your parenting plan, or the judge.
If you can prove that relocating will be to the best interest of the child, then you could actually succeed in relocating.
Factors to Consider in Relocation with a Joint Custody
Impact on the Child’s Well-Being and Stability
The well-being of the child is the primary consideration. Consider how the relocation will affect the child’s access to quality education or their relationship with family members. An unexpected move can cause stress and anxiety to the child, affecting their mental health.
If the child is old enough, their preferences should be considered. Your relocation should in the minimal way affect your child’s routine. The new environment should be supportive and maintain stability in the child’s life.
Co-Parenting Dynamics
Effective communication with the other parent is essential to avoid conflicts. Have open and honest conversation and let your co-parent know why you are relocating and listen to their concerns. If the communication is strained, you can engage a mediator.
With open communication, you can come up with a proper co-parenting plan that will help you while living far from each other. Being flexible and honest will enable a smooth co-parenting.
Review any Court Order or Restrictions
Depending on your state of residence, and prior agreements, review your documents and see the extent to which you can move. Some agreements may restrict you from moving certain distances, others may have notification requirements while others may demand you to have a sitting to modify your co-parenting plan.
What Happens When The Non-Custodial Parent Moves Away?
When the non-custodial parent, the parent who does not have primary physical custody of the child, moves away, it can have several legal, logistical, and emotional implications.
If the non-custodial parent’s move influences their ability to maintain regular visitation, the custody and visitation arrangements may need to be modified. This could include changes in the visitation schedule, such as longer but less frequent visits, or modifying the location of exchanges to accommodate the move.
Additionally, it depends on the restrictions set. Usually are two types of restrictions; one that is domicile and one that is not. Domicile restrictions state that if the non-custodial parent moves away, then the custodial parent can also move. This means that there is no restrictions to how far a parent with joint custody can move.
Final Thoughts on How Far a Parent with Joint Custody can Move.
The level of cooperation and willingness of both parents to work together significantly influence the relocation success. The court always prioritizes the best interests of the child. If the move is determined to be in the child’s best interests, the court may approve it. If not, the court might require the non-custodial parent to remain closer to the child or may consider modifying the custody arrangement. Seeking legal advice is advisable to avoid going against the rule of law.
You may be interested in: Winning a Termination of Rights Case