How Far Can A Parent Move With Joint Custody?

Typically, there is no set limit for how far one parent can move with joint custody, but doing so will require permission from the court or the other parent.

Joint Custody Defined

When parents divorce or separate, they come across new legal jargon like “joint custody.” But what does that actually mean in a legal and practical sense? In contrast to solo custody, where one parent has sole legal custody of their kid, joint custody involves both parents sharing these rights.

Depending on which parent has the child’s legal custody, either joint custody or solo custody may apply. Parents who share custody have equal say over important life choices for their children. Parents do not share these rights in single custody cases.

Joint Custody Arrangements

It is crucial to mention legal custody in any conversation about child custody agreements. When a parent has legal custody, they are able to make important choices that will affect their child’s future. Major choices are frequently made in relation to extracurricular activities, health care, extracurricular schools, and religious instruction. However, other facets of your child’s life might also be considered to be such. When trying to ascertain the areas of your child’s life over which you possess decision-making authority in a joint custody arrangement, it is crucial to verify with your attorney regarding what technically qualifies as “major.”

Parents who share custody have an equal say in such important choices. You risk being found in contempt of court if you try to stop the other parent from taking part in this decision-making. Any custody agreement is joint only if there is an equal division of the legal authority to make such significant choices.

Every state has its own laws on the matter, and joint custody can take many different forms.

How Far Can Parents Move With Joint Custody?

If a parent’s decision to move affects the existing parenting agreement laid out during the previous court order, the order must be modified to account for the new living arrangement(s). There is no set limit for how far one parent is allowed to move, as previously mentioned.

However, if the move results in less parenting time for the other parent in violation of the court order, then the moving parent must get permission from the other parent or the court before starting the moving process. Parents with joint custody arrangements will face a much tougher time moving as opposed to parents with sole custody arrangements.

Can A Custodial Parent Move With A Child Out Of State?

No, a custodial parent is not allowed to move a child out of state without a court order or the other parent’s consent. Any plan to move out of state will create a “removal” issue and the courts needs to find that the move creates a real advantage to the moving parent and is in the child’s best interest.