Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Can custodial parents move out of state with their children?

Being a parent can be complicated. This is especially true if a person is no longer with the other parent and there are child custody orders in place to govern relationships with the children.

When it comes to moving, there are a number of reasons that parents want to move, such as a job and to be closer to other family members. However, even custodial parents who have the children the majority of the time cannot simply move if the other parent has visitation with the children. This is because they cannot violate child custody orders. So, if they want to move out of state and it will affect the visitation rights of the other parent, they must modify the order first.

If the non-custodial parent does not agree to the modification, then the parent seeking to move out of state would need to file a motion to modify the order. If that occurs, the judge would weigh a number of factors to determine whether the move is in the best interests of the child. If the motion is granted, the visitation for the non-custodial parent will need to be modified and there are a number of different ways it could be changed to ensure they will still receive a similar amount of visitation.

If the parents have a child custody order they must ensure that any changes will not affect the children's visitation with the other parent. If the changes will do that, they must first modify the custody order.

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