Joint Custody: Is it Possible to Move to a Different State?

Moving symbolizes new beginnings to many people. As much as adults in the US have freedom to relocate to all parts of the country, the same doesn’t apply to parents in a custody agreement. Joint custody, which gives parents legal and physical responsibility for their child, requires cooperation to ensure the kid’s needs are a priority.

Most of the time, relocating complicates joint custody, disturbing schedules and relationships. State and custody laws often dictate the terms of relocation according to the best interests of the child. Failing to comply can have significant legal consequences that could result in a potential jail term.

In this article, we will look at the procedures and legal considerations involved in relocating with joint custody.

Legal Consideration

Custody agreements outline the terms of shared parenting and often include a section about relocating to another country or state. Family law varies from one state to another, meaning relocation rules are different depending on where you live.

For example, in Minnesota, the custodial parent cannot move to another state without a court order or the consent of the other parent. In most cases, the custodian parent cannot decide to move if the relocation largely impacts the custody agreement.

Factors Court Consider in Relocation Cases

Any court decision around relocation is centered around “best interests of the child.” This legal principle prioritizes a child’s emotional, educational, and social stability over parents desires. Here is a closer look at some specific aspects that can affect your relocation:

Impact on The Child

Courts will look at whether the move positively or negatively affects the child, considering short-term and long-term consequences. For instance, if a child is well settled in the school and community, moving could be seen as disruptive. On the other hand, if the relocation offers better opportunities like access to advanced schools and a safer neighborhood, moving can work in your favor.

Parental Motives

The court assesses the motives behind the move to ensure the reasons are legit and don’t undermine the co-parents relationship with the child. Common relocation accepted reasons include:

• Job opportunities
• Getting closer to extended family
• To access better resources

The same applies to the parent rejecting the move. If any ill intent is detected, the court could reject the move.

Possibility of a Practical New Custody Arrangement

Another factor is whether a realistic and workable custody plan can be established past the move. This includes frequent visitations, traveling financial costs, and the potential for virtual communication for a healthy parent-child bond. The reloacting parent must propose a detailed plan that ensures the other parent’s interest can remain strong and consistent.

Steps for Seeking Permission to Relocate

This process involves collaborating with your co-parent and seeking formal approval from the court if necessary. Below are the typical steps you should take when moving to another state:

Step 1: Communicate with Your Co-parent

Explain the reasons for the move and how it will benefit the child. Provide as much detail as possible. If the co-parent is receptive, negotiate a revised custody plan that accommodates the move. A mutual agreement saves time and money and reduces the emotional stress of going to court.

Step 2: File a Petition With the Court

If an agreement can’t be reached with the co-parent, the relocating parent must file a petition with the family court. This legal request asks the court to approve the move and modify the custody plan. A good petition should include:

• Reasons for the move
• Evidence of how it will benefit the child
• A proposed new custody and visitation schedule

Step 3: Provide Supporting Evidence

Collect evidence that supports the legitimacy of the move. Add an employment offer letter and school enrollment options. If possible, include testimonies from experts like therapists and teachers about the benefits of the move.

Step 4: Attend Court Hearings

During these proceedings, a judge evaluates the evidence and considers a child’s best interests. Parents should be ready to show how the move matches these impacts and the parent-child relationship is not destroyed.

Conclusion

Relocating with a child to a different state with joint custody is a big decision that requires balancing legal and emotional responsibilities. Consulting with a lawyer is important to make sure you comply with the legal framework.