How Far Can A Parent Move With Joint Custody?

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

What Is Joint Custody?

Also known as joint legal custody or joint physical custody, this kind of custody necessitates the submission of a parenting plan to the judge by both parents. In most states, the custody situation is the default immediately following a divorce.

If you and your spouse work out a parenting agreement prior to or during the divorce process, you can include details on how you will communicate with each other during decisions made regarding the child’s best interest.

Unfortunately, joint custody can sometimes lead to post-divorce battles whenever parents have strong disagreements. In the worst-case scenarios, a judge could decide to award sole legal custody to one parent.

Your best option is joint custody if the following applies to your situation:

• Your child is school age or older.
• Both parents live in the same area.
• Both parents agree to work together.

What Happens When Both Parents Have Joint Custody?

In any case that involves shared physical custody, you’ll want to know who must pay child support. Typically, each parent will still need to pay their share of child support in joint custody situations. Joint custodies can be pretty complicated, though, and parents can be confused about who pays child support.

Obtaining a joint legal custody agreement is one of the first steps in this process. This is founded on the concept of shared parent, which means the parents have to share their roles and responsibilities equally. When both parents have agreed to joint custody, it’s then crucial to establish a child support payment plan moving forward.

The biggest hurdle is figuring out just how much each parent should pay in child support. The court will take the income of each parent into consideration when calculating the appropriate child support amounts. If they are unable to reach an agreement, the court will make the final call based on state guidelines, parenting time and parenting income.

How Far Can Parents Move With Joint Custody?

Typically, if a parent’s decision to move impacts the parenting agreement laid out during the previous court order, the order should then be modified to account for the new living arrangement. There is no limit to how far away a parent can move. However, if the move results in less parenting time to the other parent in violation of a court order, the moving parent is required to get permission from the other parent or the court before taking action.

Parents with shared custody will have a more difficult time trying to move as opposed to a parent with sole custody.

Can A Custodial Parent Move A Child Out Of State?

No, a custodial parent cannot permanently move a child out of state without either the other parent’s consent or a court order. A plan to move out of state creates a “removal” issue and the court must find that said move creates a real advantage to the moving parent. The court must also find that the move is in the best interest of the child.