A custody order approved by the courts generally dictates the rights and responsibilities of both parents after a divorce. Both parents have a legal obligation to uphold the terms established in the custody order and could face enforcement actions if they do not.
Occasionally, parents who share custody may need to go back to family court. They need to ask a judge to modify the custody order because of a significant change in circumstances. Doing so can protect them from unfair enforcement efforts and can make it easier to avoid conflict with a co-parent.
A relocation may require a custody modification. If one parent intends to move and wants the children to relocate with them, the custody order needs to reflect the new living circumstances. How can parents navigate a relocation-related modification?
Cooperating
Sometimes, both parents recognize that a move is in the best interests of the children. In that situation, they may be able to work out ways to modify the current custody arrangements to reflect the new living circumstances.
If the move with one parent takes the children a significant distance away, for example, the parents might agree that the children should spend the majority of their spring break and midwinter break with the other parent. They might also make drastic modifications to the allocation of parenting time during summer vacation to offset the imbalance throughout the year. So long as parents can work cooperatively, they can pursue an uncontested custody modification.
Taking the matter to court
Sometimes, the parent who does not intend to move may feel upset and frightened about a potential relocation. They may insist that it is not beneficial for the children and that it may damage their relationship with their children.
In such cases, judges have to review the situation carefully. They typically review documentation provided by both parents affirming the level of conflict in the co-parenting relationship and the impact that the move might have on the children.
Judges consider factors including employment opportunities, secondary relationships and a parent’s willingness to cooperate with the other parent when deciding if a relocation is appropriate. Under current state statutes, there is a presumption in favor of the relocation unless the other parent can show that it is not in the children’s best interests.
Those intending to relocate with their children may need help preparing for a decision that could cause significant child custody conflicts. Reviewing the circumstances leading to the modification request and a current custody order with a skilled legal team can help parents prepare for difficult discussions and possibly litigation.