The issues surrounding the relocation of custodial parents requires significant attention in today’s mobile society. Almost two-fifths of divorced women move in the first year after divorce. This rate is nearly seven times the rate of married women, and it is important to remember the majority of these relocation decisions are motivated by necessity rather than choice.
If, at any time after a Shared Parenting Plan or allocation of parental rights is made by agreement or Court order, a party desires to relocate, then it is necessary to utilize the continuing jurisdiction of the Court for the modification.
In certain types of shared parenting plans, the right to relocate and modify later is restricted and requires the movant to file a motion well in advance of any planned relocation.
In the past, the decision to relocate almost automatically placed the custody of the children at risk. Non-custodial parents, moving for a change in custody, often argued successfully that a move would significantly and detrimentally affect the best interests of the child(ren) by depriving the child(ren) of the benefits of two accessible parents.
The designation of school placement parent in plans for shared parenting often restrict relocation that transcends the bounds of a particular stated school district or simply the district within which one or more of the parties resides.
There should be language in your decree for divorce that specifically addresses this very important issue, even if a relocation is not immediately on the horizon for either parent.
