How Parent Relocation Affects Child Custody Orders
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
How will My Relocation Affect the current Child Custody Order?
Depending on the states involved, you may be required to file a petition with the court for a modification of the original child custody order. Doing so will allow the court to recognize changes that may result from your move, such as a different job and changes in the visitation schedule for the non-custodial parent. These changes will be reflected in an updated child custody order.
Generally speaking, when updating a child custody order, the courts will follow the legal principle known as the child’s best interest standard. That is, they will make all modifications based on what will benefit the child rather than the individual parents. As part of their best interest determination, a court will usually consider the following:
- The age and level of development of the child, as well as their desires to change residences
- Educational and other opportunities for the child in the new location
- The custodial parent’s motives in changing residence (should not be for the purpose of frustrating the non-custodial parent’s visitation rights)
- Any subsequent changes to visitation and accessibility of child
- Previous restrictions or specifications contained in the original custody order, especially restrictions on travel
Do any States have unique Child Custody Laws?
Child custody laws vary from state to state. The main inquiry that courts usually make is determining whether the move constitutes a “sufficient change of circumstances” which requires an updated custody order. Some states do not consider an out of state move to be a sufficient change of circumstances requiring an update, while some do consider it to be.
Several states also contain unique provisions that you should be aware of when changing residence locations. For example, the following states have these requirements:
- Colorado: Colorado courts grant a presumption in favor of the parent who wishes to relocate. Also, the non-custodial parent generally has the burden of proving that the move does not serve the child’s best interest.
- Nevada: Nevada is one such jurisdiction which concludes that an out-of-state move requires an analysis of the child’s best interest.
- Georgia: Custodial parents who intend to move out of the state of Georgia are required to provide a minimum number of day’s notice to leave the jurisdiction.
- Louisiana: While a relocation of the child does not automatically result in a modified custody order, it is considered a major factor in determining whether there has been a sufficient change of circumstances.
- Florida: Florida courts have held that an insignificant change in location such as a move to a nearby county does not require a modification to the custody order.
- New York: New York courts defer to the custodial parent’s intent to change location, as long as the motivation is not to interfere with the non-custodial parent’s rights to visitation.
- Maryland: Maryland courts place the burden of proof upon the custodial parent to demonstrate that the relocation is not contrary to the best interests of the child.
- Pennsylvania: Similar to Florida in that minor relocations will not result in a modified custody order.
Additionally, courts will consider the prior history of the child’s relation to the parents in determining how serious the change of circumstances is. For example, if the non-custodial parent has previously been traveling to different states to visit the child, the court will take note of this as well.
Should I hire an Attorney to review the Child Custody Order if I plan to relocate to a Different State?
As you can probably tell, moving out of your current state of residence can have great consequence for all parties involved, especially the child. You should contact an attorney who can explain to you the various differences in child custody laws according to the relevant states involved. You may wish to obtain a lawyer early on so that the situation does not become complicated during the relocation process.
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Last Modified: 06-11-2010 03:51 PM PDT
