Spending equal parenting time with your children under a 50/50 joint custody agreement may still feel insufficient. However, the real challenge comes if you need to move out of state for work or for more affordable housing.
Courts cannot prohibit your personal freedom to move. You can relocate without your child, but there will most likely be adjustments to your custodial agreement. Understanding why you need to modify your custody agreement can help you avoid conflicts while still protecting your parental rights.
The impact of relocation on joint custody
If you’re planning to move alone, the court will likely allow it. The hurdle comes with adjusting parenting time, especially since you will be farther away from your child than when you first made the agreements on your joint custody. In Massachusetts, courts mainly focus on the child’s best interests and not the parent’s convenience.
When arranging a parenting schedule, proximity is one of the factors the court considers. Your 50/50 time with your child may be impossible to maintain once you move out of the state. Judges will consider factors such as who will be fetching the child from school or who will be accompanying them on medical appointments, as your relocation will disrupt the routine of your child.
The distance limits on how far a parent may relocate
There is no general restriction on how far you can move out of state, but this depends on the details of your most recent court order. If there would be an impact on both of the parent’s schedules due to your relocation, the agreement should be modified.
Before moving, you should consult the other parent. In order to keep things running smoothly in your joint custody, it is best to seek court approval first. Moreover, consulting your attorney in updating your agreement is the best move to avoid any issues with child support and visitation.
The importance of modifying your visitation schedule before you move
Moving out of state without your child inevitably makes a 50/50 custody arrangement difficult to maintain. Since your availability for your child’s daily routines would change, your current court order may require modification.
It is vital to make changes to your court order before your relocation in order to protect your relationship with your child and avoid any possible legal penalties. Taking these steps will ensure that your child is still top priority even if you’re moving to another state.