What to Know About Non Custodial Parent Moving Out Of State

What to keep an eye on if your non-custodial parent moves out of state. Changes in living arrangements for both custodial and non-custodial parents can have far-reaching effects on children's lives. It's crucial to keep this in mind when consulting an attorney or participating in family court hearings regarding a possible parental relocation.

As a non-custodial parent, if you're thinking about relocating across state lines, there are several things you need to know before you do it.

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Is There Anything That Can Be Done If The Non-Custodial Parent Wants To Relocate?

Find out what occurs when the visiting parent moves before reading up on the non-custodial parent leaving the state.

In most cases, the non-custodial parent wants a domicile limitation to be put in place or enforced so that they may ensure they maintain contact with their child and continue to play an important role in their life.

If the custodial parent objects to any limitations placed on their parenting, it's likely because they want more time for themselves, whether that's to spend with a new partner, advance their career, or visit relatives.

Ultimately, though, the court will consider the input of both parents in order to make a decision that is in everyone's best interests, including those of any minor children.

It's often difficult to keep everyone straight when the absent parent moves away. Fortunately, in most situations, two things will happen:

The existing order or decree connected to your children must be obeyed
Some further actions may need to occur.

There will be no changes to the current domicile legislation, and any such moves will be forbidden.

If the non-custodial parent decides to move out of the current residence, the custodial parent would have complete discretion in choosing a new one.

The second choice should be included in every well-thought-out decree or order. This will help lessen the impact of the non-custodial parent's relocation.

Due to the lack of specificity in the divorce decision, it may be necessary to attend a hearing or make an agreement (ideally in the form of an amended Court Order) in order to receive authorization to move.

Unfortunately, getting a court hearing to get permission to move can be time-consuming and expensive. If the non-custodial parent has already relocated, the custodial parent may be able to do so as well; however, some restrictions may still apply.

For instance, if the child's non-custodial parent relocated 50 miles away, the custodial adult might be barred from relocating the family more than 1,000 miles away.

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When does an emergency custody order favor the non-custodial parent?

If the family court determines that your child's safety is in jeopardy while living with the custodial parent, they may grant you emergency custody. This is because the custodial parent:

Abuse that has occurred in the past
Is your child in danger because of your substance abuse or mental illness? violated the law
Unfortunately, the court order for visitation was disregarded.
has abandoned the kid
Deliberate parental alienation

If the situation warrants it, the court may award you interim possession until it can complete its investigation and evaluation of the custodial parent's conduct. Care for your child legally by applying for sole legal guardianship, which may be granted to you after proper deliberation.

Conclusion

Relocating a non-custodial parent is a delicate issue that requires careful consideration. It's crucial that non-custodial parents know their rights and obligations under the law before moving away from their kids. The non-custodial parent is leaving the state, and thus concludes our discussion.

It is important to get a judge's ok before making any adjustments when moving poses a risk to a child's best interests. To make the transition go smoothly and protect everyone involved, it is crucial to understand the legal ramifications of a non-custodial parent's move.

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