April 6, 2022

Divorced parents face unique challenges, even after you’ve had time to settle into your separate lives. If one parent gets an opportunity that would require a move, the other parent can feel that their children are being taken away from them. There is no hard rule about how far parents can live from each other and still have joint custody, but it can complicate custody agreements.

Custody Agreements Start Immediately

When you begin the process of filing for divorce the Court generally makes temporary custody orders which are in effect while the divorce is pending. Eventually the permanent orders will be finalized during the divorce process. There are several different ways to share custody. In some cases, parents will have joint legal custody (called Shared Parenting in Ohio), where they share all decisions equally, but the parents will still have a parenting-time order (and that doesn’t always mean an equal time split). In other cases, one parent may have sole custody, but the kids have equal time with each parent.  However custody is determined in the agreement, a judge will look at the amount of parenting time each parent has taken on when it is time to review a custody agreement.

What Happens When One Parent Wants to Move?

The guidelines depend a lot on the situation you are in. There is no hard limit as to the distance you can move, but a move that will take the children to a new state or change the parenting time will require consent from both parents and/or permission from the court. Regardless of where the parent moves, they are required to notify the other parent and the Court.  Your actual Court order will determine what happens if one parent moves, but that can always be changed by a new Court order.

In any case, if you want to move with your children, or your co-parent wants to move with your children, you will need to discuss the situation with your lawyer. Moves that will impact the current custody schedule will require a change to the parenting agreement, and you need the guidance of your attorney to protect your parenting rights.

Sharing Custody When Living in Different States

When the parents live in different states, you want to make sure you are working with a lawyer who understands how to handle a multi-state custody agreement. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which sets standards for when a court can make a custody decision, and when a court must accept a custody decision from another state. In general, children will have a “home” state, where they have lived for the past six months, or have significant connections with people in the state, such as teachers, doctors, or extended family. A custody decision can only be made in one state.

Staying Close to Your Children After a Move

If your children have moved away with their other parent, you can develop a parenting plan that still allows you to have quality time with your children. Your attorney can help you develop an agreement that works with your new circumstances. In addition, you can schedule “virtual visits” through web-based programs that can help you connect through more than just phone calls and emails when you aren’t able to be together physically. The most important thing is to always put your children’s best interests first. It can be hard when you feel emotional about the situation, and it can be hard not to focus on “winning” a custody battle. Let your children’s needs be your guide and trust your attorney’s guidance.

Divorce is never easy, especially when children are involved. Co-parenting can be hard at times, but a trusted family law attorney by your side will help tremendously. If you’re going through a divorce, have questions about your child custody agreement, or you or your spouse will be moving soon and you’re not sure what your next steps should be, contact my office today.