Child Custody & Support

Adjusting Child Custody Arrangements or the Amount of Child Support

What happens if the parent who has custody wants to move to another state?

In recent years, many states have placed restrictions on the right of the custodial parent to move with the child. Some states have a strong policy in favor of preserving continuity in the relationship between the child and noncustodial parent, and courts in these states are reluctant to allow the custodial parent to move with the child if the other parent objects unless there is a very good reason for the move.

In these states, the law may say a child cannot be moved without permission of the other parent or permission of the court. A parent who seeks to move with the child may be required to give notice (such as 60 days) before a proposed moving date. Even when the custodial parent has a substantial reason for relocating, such as to accept a new job opportunity or place the child in a better school, if the court believes the main reason for the move is to diminish contact between the child and the noncustodial parent, the court is not likely to allow the move. On the other hand, if the noncustodial parent has little or no contact with the child, the court will allow the parent to move with the child to another state.

The law in this area is shifting as many state legislatures consider new standards for determining when a parent can move out of state with the child. A custodial parent who is contemplating a move should seek the advice of a lawyer before making arrangements to relocate.

>>What are some typical reasons for a change in custody?
>>Once custody has been awarded, when can the other parent try to get it changed?
>>What if the child wants to live with the other parent?
>>What are some typical reasons for changing child support arrangements?
>>What happens if the parent who has custody wants to move to another state?
>>Can the parents make changes without going to court?


Practical Law Home | Child Custody & Support Home | Deciding Factors in Awarding Child Custody
Issues Surrounding Visitation | Setting Guidelines for Child Support
*Adjusting Child Custody Arrangements or the Amount of Child Support*

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