Deciding to move with a child you are co-parenting is rarely easy. Whether the move is driven by career opportunities or a desire for a better quality of life, it can directly affect your existing custody arrangement and your child’s relationship with the other parent.
Filing a move-away custody request involves demonstrating to the court that the move serves your child’s best interests. With the right preparation, you can present a plan that supports your child’s well-being while addressing the concerns that often arise in relocation cases.
What is a move-away request?
A move-away request arises when a parent seeks to relocate with a child in a way that affects the other parent’s custody or parenting time.
State law generally grants custodial parents the right to relocate with the child though such a decision is subject to approval. Before granting or denying a move, the court reviews the situation to balance these rights against the child’s best interests. Special rules may apply if you have a final custody order.
What are factors that affect move-away requests?
When you request to move with your child, the court will consider several factors to decide whether the relocation serves the child’s best interests. These include:
- The reason for the proposed move
- The impact of the move on the child’s relationship with the non-moving parent
- The child’s age, needs and adjustment to the current school and community
- Each parent’s ability to maintain a meaningful relationship with the child after the move
- Any history of cooperation or conflict between the parents regarding parenting arrangements
If you are planning to file a move-away request, it’s important to think carefully about how the relocation will affect your child and your co-parenting arrangement.
Why a parenting plan matters more than ever
A parenting plan demonstrates how your child can maintain a strong relationship with the other parent despite the distance. Your proposed plan should outline the following:
- A realistic visitation schedule, including holidays and school breaks
- Travel arrangements and who will cover associated costs
- Communication methods, such as phone or video call
An enforceable plan demonstrates your willingness to include the other parent in your child’s life. With legal counsel, you can draft clear terms that support your child’s stability.
Navigating the legal process of move-away cases
Move-away cases can reshape your parenting schedule and your child’s daily life. In some cases, the court will order mediation to see if parents can reach an agreement outside of court. If no agreement is reached, a judge will hold a hearing to consider all evidence and arguments.