Generally, the Court cannot prevent a parent from relocating to live somewhere else, however the Court most definitely has the power to stop a parent from taking their child to live with them in the new locality, if that area will be some distance away from the other parent and so interfere with the amount of time the …

Do divorced parents have to live in the same state?

Both parents do not have to live in the same state to have either joint legal or joint physical custody. It is important, however, to understand the differences between the two types.

What if divorced parents live in different states?

When parents live in different states, one of the states will have jurisdiction over the custody arrangements. If you and the other parent do not agree on which state has jurisdiction over your custody arrangements, the Uniform Child Custody Jurisdiction and Enforcement Act determines which state has jurisdiction.

Can you have joint custody and live in different states?

While joint custody is possible when parents live in different states, judges are unlikely to order joint physical custody because it’s not always feasible. If parents have joint custody and one moves out-of-state, the court may transfer physical custody to one parent to avoid this issue.

Can you stop your ex from moving with your child?

If you do not agree with the proposed move, your ex should ask the court to make the decision about whether or not they should be allowed to move. One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening.

What happens when one parent moves out of state with joint custody?

If two parents have a joint custody arrangement and one parent wants to move out of state without bringing the child, primary custody will likely go to the parent who remains in the first state. An out-of-state custody agreement may designate one parent as the child’s sole custodian and grant visitation rights to the out-of-state parent.

How does joint custody work for child support?

Joint Custody Agreements Between Parents Some parents negotiate an oral agreement that allows them to avoid paying child support to the custodial parent when the child is not in their care (say, if a child spends a summer with a non-custodial parent).

Can a judge give your ex shared custody?

If your ex wants shared legal custody, the judge may award him this, but this only allows him to share in the decision-making about the child’s upbringing. If you and your ex have had difficulty co-parenting, the judge is less likely to award shared custody.

How does an out of state custody agreement work?

An out-of-state custody agreement may designate one parent as the child’s sole custodian and grant visitation rights to the out-of-state parent. The court may also pursue alternative methods as part of a new custody arrangement, such as incorporating “virtual visitation,” or electronic communication, between the out-of-state parent and child.