Can a non custodial parent move?
If the custodial parent wants to move out of state, California law cannot prevent the relocation unless the parenting agreement specifies otherwise. A non custodial parent can move out of state anytime but without relocation of the children. The child visitation schedule will need to be adjusted as well.
How many miles can a parent move with joint custody?
For example, in Michigan, parents need the judge’s permission to move more than 100 miles from where the child lived at the time the case was filed. 2 In Florida, the rule is 50 miles. 5 State rules also vary on how much notice you must give the other parent. South Dakota, for example, requires 45 days. 6 Pennsylvania requires 60 days’ notice. 7
What happens when non custodial parent moves to another state?
When the non-custodial parent moves to another state, the custodial parent may have to rely on the Revised Uniform Reciprocal Enforcement of Support Act to implement or ensure payment of child support. This Act provides the mechanisms by which a support order issued in one state can be enforced by the courts of another state.
What happens if distance between parents is 100 miles?
If the distance between parents is 100 miles or more, and air transportation is more practical, the court could order the parents to split the cost of the flight. If either parent does not follow the visitation schedule or transportation arrangements as ordered, the court can enforce the order with fines and even jail time.
When to notify a co-parent of a move?
The courts expect a relocating parent to notify a non-relocating parent about a move in as much time as reasonably possible—preferably, as soon as the relocating parent makes the decision to move. Courts do not look very favorably upon a relocating parent who was aware of a move and chose not to disclose it to a co-parent until the court hearing.
For example, in Michigan, parents need the judge’s permission to move more than 100 miles from where the child lived at the time the case was filed. 2 In Florida, the rule is 50 miles. 5 State rules also vary on how much notice you must give the other parent. South Dakota, for example, requires 45 days. 6 Pennsylvania requires 60 days’ notice. 7
Can a non custodial parent move across state lines without notice?
For example, Utah doesn’t require notice unless a parent is moving 150 miles or more from the other parent’s residence. Other states prohibit moves across state lines without notice to the non-custodial parent, and some states enforce a combination of both limits.
What are the considerations for long distance custody?
You will need to decide how much advanced notice the visiting parent should give the other parent and the maximum amount of time each visit shall last. Visits from the out of area parent should not interfere with the other parent’s allocated holidays and should not infringe upon a parent’s birthday or a Mother’s Day or Father’s Day celebration.
If the distance between parents is 100 miles or more, and air transportation is more practical, the court could order the parents to split the cost of the flight. If either parent does not follow the visitation schedule or transportation arrangements as ordered, the court can enforce the order with fines and even jail time.