A non-custodial parent moving out of state faces a lot of challenges.
Approaching moving out of state the wrong way can cause you to lose custody and visitation.
This article covers:
Let’s dig in.
Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
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There are no restrictions for a non-custodial parent moving out of state.
But that doesn’t mean that you can just pack up and leave.
A non-custodial parent moving out of state has to file a Letter of Intent of Relocation.
You have to send your Letter of Intent by Certified Mail.
This gives you a receipt that you gave the other parent notice of relocation.
You’ll need this receipt for evidence in court.
The custodial parent has 30 days to respond to your Letter of Intent.
They can respond in two ways:
Let’s say there was an objection to the Letter of Intent by the custodial parent.
The custodial parent has to send the formal objection to the courts within 30-days.
After 30 days, the custodial parent loses the ability to make objections.
Why would a custodial parent object to the non-custodial parent moving out of state?
Usually, one parent moving out of state means that child custody or visitation needs to get modified.
When the relocation gets an objection, the courts schedule a hearing.
Let’s say that the custodial parent objects to the move.
The non-custodial parent moving out of state will have to defend themselves.
They need to prove that the relocation improves the child’s quality of life.
A judge is always making decisions in the child’s best interests.
They will either deny or approve the non-custodial parent moving out of state.
If they approve it, they will change the custody and visitation orders.
Let’s say that the custodial parent decides to ignore your Letter of Intent for Relocation.
If this happens, you need to file a Notice of Proposed Relocation.
You need to include the receipt for the delivery of your Letter of Intent for Relocation with this.
The full gambit of items you need to file when your Letter of Intent gets ignored are:
Fill out the form on this page and we can walk you through all of this.
Related: Moving Out Of State With Child
A non-custodial moving out of state does not NEED permission to move out of state.
(As long as the child is not moving with them.)
What we’ve laid out in this article is the safest route for a non-custodial parent moving out of state.
It protects you down the road from any complications with custody and visitation.
Let’s say the non-custodial parent moves out of state without sending a Letter of Intent.
And without going to court to modify custody and visitation schedules.
The custodial parent is not obligated to make the custody and visitation schedule work.
Without getting the court’s permission, you lose leverage if the custodial parent withholds visitation.
If the custodial parent withholds visitation, you’ll have to go to court.
What do you think the judge will say when they learn that you moved without:
Without all of this, you most likely are not showing up for your scheduled visitation.
Meaning you are not being fully involved in your child’s life.
When this is the case, the judge may not rule in your favor.
They expect you to show up for your children.
So, enough lecturing.
But you need the heads up about the judge’s potential attitude towards you.
Permission is not needed for a non-custodial parent moving out of state.
But it would be in the non-custodial parent’s best interests to get permission from the courts.
For a non-custodial parent moving out of state, visitation looks a little different.
Most likely, the non-custodial parent is currently local to the child.
And that means they have roughly even visitation as the custodial parent.
But when a non-custodial parent moves out of state, visitation gets changed.
The visitation schedule will either get decided by:
The most common visitations for a non-custodial parent moving out of state are:
If you are close to your child, you have to weigh the benefits of moving with seeing your child less.
Only you can make that decision.
When a non-custodial parent moves out of state child support is still owed.
Child support orders are enforceable across state borders.
Non-custodial parents not paying child support are breaking their child support orders.
They can get held in contempt of court.
They will also owe all the back child support that they have missed.
If the non-custodial parent moves out of state and stops paying child support, fill out the form below.
We know how to get the money back that you are owed.
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We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your custody judgment is equitable and fair.
This means you don’t get raked over the coals financially.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.