Can you have joint custody and live in different states?
While joint custody is possible when parents live in different states, judges are unlikely to order joint physical custody because it’s not always feasible. If parents have joint custody and one moves out-of-state, the court may transfer physical custody to one parent to avoid this issue.
What happens when one parent moves out of state with joint custody?
If two parents have a joint custody arrangement and one parent wants to move out of state without bringing the child, primary custody will likely go to the parent who remains in the first state. An out-of-state custody agreement may designate one parent as the child’s sole custodian and grant visitation rights to the out-of-state parent.
Can a parent move out of state after a divorce?
When one parent wants to move out of state with the children after a divorce, custody arrangements can become complicated. Continue reading to learn more about the general principles governing out-of-state relocations.
Can a custodial parent have joint physical custody?
For example, parents can agree to share joint physical custody, which is where parents spend significant or equal amounts of time with the child. They can choose to make one parent the primary custodial parent—meaning the child lives primarily in that parent’s home.
How does an out of state custody agreement work?
An out-of-state custody agreement may designate one parent as the child’s sole custodian and grant visitation rights to the out-of-state parent. The court may also pursue alternative methods as part of a new custody arrangement, such as incorporating “virtual visitation,” or electronic communication, between the out-of-state parent and child.
Do you still get joint child custody if you move out of State?
Moving out of state with a child in joint custody can subject you to a kidnapping charge. If you want to move out of state and you share custody of your kid, you will need to make a deal. You can come to an agreement with the other custodial parent or with the court. But do not just move without making an official arrangement.
How far can I move with joint custody?
Your right to relocate depends on your custody arrangement and how far away you want to move. If you share joint custody with the other parent, then you do not need the court’s approval to move up to 100 miles from your child’s legal residence, as long as you are moving within the state.
How far can you move if you have joint custody?
If you share joint custody with the other parent, then you do not need the court’s approval to move up to 100 miles from your child’s legal residence, as long as you are moving within the state. (Of course, there are no restrictions on moving closer to the child’s other parent.)
How do you file for joint custody?
Filing for Joint Custody Consider hiring an attorney. Locate the appropriate court. Complete the necessary forms. Review your forms. File the forms. Serve the other party. Wait for an answer. Take part in mediation. Submit an agreement.