Non-Custodial Parent Relocation: Risky Mistakes You’ll Want To Avoid

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Non Custodial Parent Relocation - Non Custodial Parent Moves Away - Non Custodial Parent Moving Out Of State

Are you wondering what are the risks of non custodial parent relocation? 

Whether you’re the custodial parent or non custodial parent relocation is a big deal. 

It means changes in child custody, child support, and visitation that you need to consider. 

Keep reading to figure out what the courts will do during non custodial parent relocation. 

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Is Non-Custodial Parent Relocation Allowed?

The courts handle non-custodial parent relocation differently than custodial parents.

The non-custodial parent is free to move as they please.

The courts do not make a non-custodial parent file an application for relocation.

But non-custodial parent relocation can cause changes to things like:

  • parenting time
  • visitation schedules
  • child support
  • child custody
  • travel costs
  • vacation time
  • holiday time

The non-custodial parent is not required to file an application for relocation.

But either parent may need to file a petition to change the things mentioned above.

The parents do not have to go to court to come to a new arrangement if they can agree on it.

But the parents will need to file the agreement they come to with the courts.

The courts will expect you to file a petition for:

  • visitation schedule modification
  • child custody modification
  • who handles the child’s expenses for travel
  • child support modification

Non-Custodial Parent Relocation Laws

You’re probably wondering what the non-custodial parent relocation laws are.

The relocation statute laws keep parents from moving far enough away to affect the parenting time of the other parent.

The parent relocation statute keeps parents from moving more than 50 miles away.

If you need to move more than 50 miles away, you have to get court approval.

This law pertains to custodial parent relocation.

The reason is that the custodial parent is relocating the child.

Non-custodial parent relocation is not moving the child, so you do not need approval for this.

Custodial Parent Relocation

This relocation statute only applies to the custodial parent moving the child away from the non-custodial parent.

The custodial parent must seek the approval of the other parent who has custodial rights to a child.

The custodial parent may also need to get permission from the courts to move the child.

Non-Custodial Parent Relocation

The relocation statute does not apply to the non-custodial parent relocation.

This is because they are not changing the child’s primary residence.

Sometimes the new home that the non-custodial parent has can pose dangers to the child.

Maybe they live:

  • in a bad neighborhood
  • with a significant other
  • too far away
  • with a questionable family member or friend

If this is the case, the custodial parent can file a petition for custody and visitation modification.

This would allow you to limit the time that the child spends in that parent’s environment.

What Is Considered Non-Custodial Parent Relocation?

So, what do the courts consider as non-custodial parent relocation?

We mentioned the “50-mile” rule earlier.

But relocation is any change in housing affecting the non-relocating party’s custodial rights.

Basically, meaning that it’s affecting the parent’s ability to see the children.

Or it affects the amount of time they get with the children.

Let’s say you live in a bigger city like Atlanta.

You may only move 15 miles away, which keeps you within 50 miles.

But that can add an hour to the commute for the other parent to see their kids.

In this scenario, it can affect that parent’s ability to see their children.

The courts consider this “significant impairment” to the parent’s ability to see the kids.

If the relocation is within the same county it usually won’t get considered as relocation.

But the relocation laws do not determine “impairment” by distance.

Impairment gets determined by the parent’s ability to see their kids.

When the relocation affects a parent’s ability to see their kids, it will get denied by the courts. 

What You Need To Consider For Non Custodial Parent Relocation

For non-custodial parent relocation, there are laws you have to follow.

One of them is the rule for notifying the other parent.

Relocating parents must provide the other parent with a Notice of Proposed Relocation.

This notice HAS to be given at least 60 days before the non-custodial parent relocation.

This notice has to get sent via certified mail with a return receipt requested.

This provides you with proof of delivery needed for court.

The relocation notice must include:

  • the mailing address of the new home
  • names and ages of current residents living at the new home
  • names and ages of future residents living at the new home
  • the name of school and school district
  • the proposed date of relocation
  • the reason for relocation
  • a proposal for a revised child custody schedule

Child Custody Modification For Non Custodial Parent Relocation

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This means you don’t get raked over the coals financially.

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