Regular custody exchanges can be the most frustrating part of sharing parental rights and responsibilities. Parents may have to see each other every few days and talk about what happened during their parenting time.
Many parents do not look forward to their custody exchanges and may find interacting with one another challenging. However, the alternative is limited involvement with the children. Typically, parents need to have compatible schedules and to remain in close proximity to one another to regularly exchange custody.
If either parent attempts to relocate, that could have significant implications for continued shared custody. Can one parent move and take the children with them while they are subject to a custody order in Louisiana?
Parents need to communicate about moves
Relocations are sometimes possible. However, parents usually need to secure permission from the family courts before conducting any significant move with the children. Relocations that result in children living 75 miles away from their current residence or that take them out of the state may require advance approval.
The parent hoping to move needs to file paperwork with the family courts. They also need to provide advance written notice to the other parent. Both parents may be able to cooperate by making custody adjustments. They could work out an agreement that allows for an uncontested modification. They can rework the division of parenting time to reflect the growing distance between the two households.
If the parents do not agree about the need for the move or how to adjust their division of parenting time, then the matter may need to go in front of a judge. Family law judges hearing relocation cases focus on what may be in the best interests of the children.
Both parents have an opportunity to present their side of the case to the judge. The judge ultimately decides whether the children can relocate and what changes to the custody order are necessary. Learning more about how the family court handled contested custody matters, such as move-away requests, can help parents protect their rights.
A co-parent cannot make a unilateral decision to relocate if the move may interfere with the relationship their children have with their other parent. Those who know their rights may better protect themselves and better prepare to present a compelling case in family court during a contested relocation scenario.