I'm Co-Parenting and Need To Move Out of State — What Do I Do?
I’m co-parenting and want to relocate to a different state. Can I?
If you’re co-parenting with an ex-partner or spouse, and you want to move out of state, this is a situation that contains certain complications.
To be clear, if you’re the parent with legal custody, you may not simply pick up and move your child out of state — or even beyond a certain geographic area — without making significant adjustments to your existing parenting plan.
If you’re the parent who does not have legal custody of your child, you may move out of state, but, again, this may call for big changes to your parenting plan, and you should not move until those changes have been made by the court, or unless you have worked out an arrangement with the court and your co-parent.
The court wants to see parents living close to their children
It is the policy in the state of Oregon to assure minor children frequent and continuing contact with parents who have shown the ability to act in the best interests of the child and to encourage parents to share in the rights and responsibilities of raising their children after they separate or divorce. In order for that to happen, it is most often in a child’s best interest for their parents to be in as close proximity to one another as possible.
In Oregon, a parent may move as many as 60 miles further away from their co-parent without having to provide advance notice of their move, though it should be acknowledged that making these moves even within that 60 mile boundary isn’t always a recipe for a healthy co-parenting arrangement.
We’re not suggesting that you have to ask your co-parent for permission, but doing all that can be done to manage these situations maturely and with open communication is always in the best interest of your child.
Custodial parent? Planning to move more than 60 miles? You’ve got some work to do first.
If you’re the custodial parent and you wish to move beyond that 60 mile boundary, then you must notify the court and your co-parent so that they have the opportunity to respond to your intent to move, a move that they have the right to object to.
Why? Your intent to relocate will no doubt have an effect on their ability to have the same type of relationship and parenting plan with their child that they could have when everyone lived closer to one another.
Your co-parent may object to the proposed move, and this would create the need for a modification proceeding to determine if the move is permissible.
If it is not approved by the court, we do not recommend that you continue with your move. Ignoring the court’s decision could have serious consequences, including a loss of custody, your being found in contempt, subject to fines, and even potentially (and very rarely) subject to jail time. Take the court’s order seriously.
It’s important to point out that if you are the custodial parent and choose to move within that 60 mile boundary, with or without notifying the other parent beforehand, that you’re still obligated to abide by the already established parenting plan that was determined before you moved.
Will you be able meet its demands just as easily as you could before, or do you believe that modifications might be necessary? If adjustments are necessary, then this is another reason why working with your ex might be in your and your child’s best interest long-term.
Are you a non-custodial parent who objects to your co-parent moving? Here’s what you need to know.
If you’re a non-custodial parent and you object to your ex’s move, then you need to petition the court. Be aware that your ex may also petition the court in order to get their proposed move approved.
While you can file these motions on your own, we do recommend that you work with your own family law attorney in order to make certain that you and your child’s best interests are being represented in the court’s review of this situation.
As was the case when the court reviewed your initial custody agreement, the judge will weigh a variety of factors in making their decision. Here are some of the things that they will consider:
Is this move in the best interest of the child?
Why is this move being proposed to begin with? (Has the custodial parent remarried, is there a new job prospect, are they wanting to be closer to extended family, etc.)
Does the child have specific medical needs that this move would address?
Does this proposed move provide the child new and better educational opportunities?
How will this move affect the relationship of the child with both parents?
If your goal is to prevent this move because you believe that none of the above considerations would have a positive impact on the child, then you should work with your attorney to prove that in court.
In the instance that the move is approved against your wishes, your parenting plan will no doubt need to be adjusted, so that factors like child support, parenting time, and other long-distance considerations can be negotiated and determined.
Are you facing a long-distance parenting negotiation with your child’s co-parent? DBMA Family Law is here to help you get the guidance you deserve so you and your child can achieve the best possible outcome. Contact us today for your confidential consultation.