If you and your ex have 50/50 legal and physical custody of your children, you share equal decision-making and time with them. Going forward, many of your important life decisions will need to consider your ex’s role in your children’s lives.
If you want to move, the state’s Marital and Domestic Relations laws set parameters on if, when and how you can do so.
General rules for moving when you share custody
There are many reasons you might want to consider moving after a divorce. However, if you wish to move out of state or more than 100 miles from your current location, you must provide your ex with a written, 45-day notice of your intent via certified mail with a return receipt request.
A written notification does not grant you the right to relocate. Your ex has 30 days to petition the courts to prevent you from relocating. You also have a right to file for a hearing to have the court determine whether your move is allowable.
Court considerations for the best interest of the child
In determining whether you can move and retain joint custody, the court considers the best interest of your children. The court considers several factors, including:
- Your motives for moving
- Whether the move provides an advantage on your or your children’s quality of life
- The impact of the move on the emotional and physical well-being of your children
- Whether the move still allows for each parent to have sufficient time with the children
If the court determines that your move is allowable, you may have to modify your parenting plan. If the court decides against your move and you opt to proceed, it will likely change the custody determination.