What Happens to Child Custody If You Move Out of State?

It’s common for people to relocate based on job transfers, improved earning potential, relationships, family, or simply the promise of a fresh start. Relocating with a child after a divorce or separation can quickly become a legal battle if not appropriately handled. Family court will scrutinize how the move affects your child’s stability and relationship with both parents.

Courts prioritize the best interests of the child. Any move that affects custody or visitation must be carefully assessed. Failing to get approval could result in serious legal consequences, including modifications to your custody arrangement. 

For legal advice about moving out of state when you share custody, talk to a child custody attorney.

How Does Relocation Impact Child Custody?

Parental relocation can have a major impact on custody and visitation arrangements. When one parent moves away, this often requires court approval and modifications to existing custody orders. When making changes to custody agreements, family courts prioritize the child’s best interests.

“Relocation is one of the single biggest challenges for divorce lawyers,” says Suzanne Griffiths, a family law attorney at Griffiths Law in Lone Tree, Colorado. “Because essentially, there’s no good outcome. Courts don’t like it. They want both parties to live near the kids — both be at the soccer game, at the ballet performance.”

Parent Relocations: Primary vs. Shared Physical Custody

As a general rule, the court will likely approve the move if the parent seeking to relocate has primary physical custody. With shared physical custody, the court considers a number of factors, the biggest being that the move is not detrimental to the child.

Factors the court considers include:

• The distance of the move, the availability, and the cost of travel for visitation
• The reason for the move (not seeking to deprive the other parent of access to the child)
• How much time each parent currently spends with the child, and the child’s relationship with each parent
• The age, needs, and preferences of the child
• Community and family ties in both the current and proposed locations
• Which parent is more likely to encourage frequent and continuing contact with the other parent

The parent with primary physical custody may still need permission to relocate with the child. Even if one parent has sole physical custody, both parents may have legal custody. This means the non-moving parent has a say in major decisions. Relocation can disrupt established co-parenting schedules, often requiring a revised joint custody arrangement.

During a custody modification, the court may change visitation to consider school break schedules. It may also require clear travel plans, including logistics and who is responsible for the cost. Some courts compensate for a lack of in-person parenting time by including virtual visitation, such as video calls for the non-custodial parent.

What Laws Govern Child Custody and Relocation?

Custody and relocation laws are primarily governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which the majority of states follow.

A key element of the UCCJEA is home state jurisdiction. The state where the child has lived for the past six months is the primary authority in custody cases. Once a state issues a custody order, it keeps jurisdiction unless both parents and the child move away. Courts in one state must recognize and enforce custody orders from another UCCJEA state.

Though most states follow the UCCJEA, some have unique custody laws. For example:

• In California, if the custodial parent has sole physical custody, they generally have the right to relocate unless the other parent shows that it would harm the child
• Illinois requires the moving parent to provide at least 60 days’ notice before relocating, even for moves within the state over 25 miles
• Texas courts often include geographic restrictions in custody orders, limiting the child’s residence to a specific area unless the court grants permission
• Florida is similar to Texas in that it defines a relocation as moving more than 50 miles for at least 60 consecutive days

What Is the Legal Process for Requesting Relocation?

When a parent with custody wants to relocate with their child, they must follow a legal process to ensure compliance with state custody laws. The legal process for requesting relocation varies by state, but most jurisdictions follow a structured procedure.

Reviewing the Custody Agreement

The moving parent should start the process by reviewing the current custody agreement. Look for any terms that would impact the parent’s ability to relocate. It’s also helpful to consult a family law attorney to understand any potential notice and approval laws.

Provide Formal Written Notice to the Non-Moving Parent

Most states require the relocating parent to provide formal written notice to the non-moving parent. The notice requirement is typically between 30 and 90 days.

The general information required is the proposed relocation address, the parents’ reasons for the move, and an updated custody and visitation plan.

Filing a Relocation Request

If the non-moving parent objects or the court requires approval, the relocating parent must file a relocation request. Family court judges decide relocation cases.

Both parents will present their arguments. The relocating parent will argue why the move is in the best interest of the child. The objecting parent will argue why the new location will have a negative impact on the child. The judge will then issue a custody decision in the form of a court order.

Getting Relocation Approval in Family Court

If the judge approves the move, the relocating parent can move with the minor child, as part of this court order. The court formalizes a new visitation plan and child support agreement. If denied, the child must remain in the current location, and the moving parent must decide whether to stay or reconsider custody.

Are There Legal Grounds for Objecting to Relocation?

A non-moving parent must have legal grounds for objecting to the move.

Common reasons for objection include loss of meaningful visitation, disruption of the child’s stability, financial burdens of travel, or questionable motives for the relocating parent. The move must serve a legitimate purpose and benefit the child.

Practical Advice for Relocation and Child Custody

Whether you are the relocating parent or the non-moving parent, addressing legal and logistical concerns ensures a smoother transition for everyone involved — especially your child. Start by having a well-structured parenting plan.

Clearly outline which parent has physical custody and where the child will primarily reside. In addition, include who will have legal custody and how the move will affect that responsibility. Define how the non-moving parent will maintain meaningful contact with the child.

Address common visitation schedule issues that arise with a parent’s relocation, including extended holiday visits, alternating school vacations, and virtual visits. It’s also important to outline who will pay for the travel expenses and how to arrange transportation. Depending on where the parents live, they could meet at a midpoint for the exchange or use air travel.

Find a Child Custody Attorney

Attempting to handle relocation and custody modifications without legal guidance can lead parents to make costly mistakes. Relocation laws can vary significantly from state to state. An attorney can give legal advice to the relocating parents to help them understand the laws they must follow.

Griffiths illustrates how working with a lawyer can ensure you fight for all of your parental rights. “You know, emails, text messages — we try to show anything. I mean, kids text a lot, but I don’t know if it’s the same as both parents standing on the side of the football game. “

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