How Far Can a Parent Move with Joint Custody?

Joint custody is an increasingly common arrangement for divorced or separated parents to share the responsibilities of raising their children.

However, it can be complicated when one parent wants to move away from their current location.

This leads to a question that many parents have asked: how far can a parent move when they have joint custody?

How far can you relocate?

The legal answer to the question of how far a parent can move with joint custody is that it depends on the specific custody arrangement and the laws of the state where the family resides.

Some states have more restrictive laws than others, and even within a state, the court may consider the distance from the non-custodial parent when deciding whether to allow a move.

However, in general, if a parent wants to move a significant distance away from the other parent, they will need to get permission from the court and the other parent. This involves demonstrating a good reason for the move that outweighs the child’s need for continued contact with the non-moving parent.

Good reasons to relocate a child

If one parent (the custodial parent) has a good reason to relocate, they must justify that the move is necessary for the children’s welfare.

Common reasons for relocation with joint custody include:

• A better job opportunity. The custodial parent may want to relocate with the children to look for better job opportunities or a job transfer.
• Financial hardship. If the custodial parent is facing a significant financial crisis, they may want to move to a location with a lower cost of living.
• Better quality of life. The custodial parent may feel that the children will have a better quality of life if they relocate. For example, it could be a better school district or closer to family and friends.

The proximity to the non-custodial parent

When a custodial parent wants to relocate with the children, the court considers the proximity to the non-custodial parent.

The court focuses on the children’s best interests and will only approve relocation if it is in the children’s best interests. A relocation that jeopardizes the non-custodial parent’s contact with their children is unlikely to pass the court’s approval.

If the relocation will make it impossible for the non-custodial parent to maintain a relationship with the children, the court may deny the relocation.

The timing of the relocation

When a custodial parent wants to relocate with the children, they must inform the non-custodial parent of their intentions as soon as possible. This allows for a negotiation of the terms and gives both parties a reasonable amount of time to prepare for the changes.

Moreover, if a custodial parent decides to move without notifying the non-custodial parent, the court may consider it a violation of the court orders. The court may then enforce significant sanctions or even modify the custody arrangement.

Joint Custody Lawyers in Nevada

How far a parent can move with joint custody depends on the specific circumstances of their custody arrangement and the laws of their state.

It’s important to have a good reason for the move that clearly benefits the child and to be prepared to demonstrate this to the court and the other parent.

Smith Legal Group recognizes that moving with a child under joint custody can be a complex and emotional process. Therefore, we encourage parents seek the help of a qualified child custody lawyer to guide them through it. Contact our Henderson, NV office at 702-410-5001 to request a free consultation if you are considering relocation and have questions about your joint custody arrangement.