Your rights with respect to your children will be governed by your own specific custody situation, but this article will discuss some of the general topics relating to relocation that you can discuss with your attorney.
- Can one parent relocate out of state and take the children?
In general, a parent who has sole custody of the children can move out of state, unless the other parent can show that the children will be harmed. If the parents have joint physical custody and one parent opposed the other one leaving, the parent who wants to relocate will have to show the court that the move is in the best interest of the children.
- Can a parent take a vacation or trip out of the state or country with the children?
If the other parent is going to miss their visitation, you will typically need that parent’s permission to travel out of state with your children. You can also look at your order and see whether it contains restriction on travel. If so, you will need a special order to modify those terms.
- Can custody decisions be made in the states of each parent, if they are not in the same state?
No, custody decisions are only made in one state. Here is some general information in what courts look at for determining the right state for the decision: if the state is the child’s home state (living in the state for the last 6 months), or if the child has significant connections to people in the state, so that it can be proven that the child’s care, personal relationships, etc. are based there, or if the child is at risk of being abused or neglected if sent back to a different state. (See the Uniform Child Custody Jurisdiction and Enforcement Act for complete information on this topic.)
Taking your child out of state in violation of the order can be serious business, so consult an attorney experienced in family law to get answers on whether you can take a trip or relocate with your family. David Knecht is an experienced family attorney who can find the answers for you.
