Parents who must share their parental rights and responsibilities may struggle to agree on various parenting issues. Resentment from the relationship they shared previously and differing values as parents can lead to conflict.
Disagreements about decisions that could affect parenting arrangements are common. If one parent wants to relocate, the other might oppose that decision. Is it necessary for a parent who is subject to a shared custody order to obtain approval from a co-parent before they move with their children?
Pre-approval is often necessary
State statutes impose certain restrictions on parental moves. If one parent intends to move and could increase the distance between the homes to 100 miles or more, then the move may require the pre-approval of the other parent.
Generally speaking, those proposing a move that may significantly increase the distance between homes or take the children out of the state must provide advance notice to the other parent at least 60 days in advance. If the other parent does not agree to allow the relocation, then the parents may require a hearing in family court.
Judges hearing contested relocation cases should make decisions based on the best interests of the children. Both parents have an opportunity to present their perspective on the matter. Judges can approve the move or decline to give their permission. They can modify the custody order as necessary based on their determination.
Understanding when child relocations require approval can help people plan for the future more effectively. Any move that could significantly complicate shared custody may necessitate discussions between the parents and a formal custody modification, if not approval from the courts.