Out of State Child Custody: What You Should Know
Child custody issues can be complicated, but never more when one of the parents
needs or wants to move out of state. Perhaps they have landed a better job, their new
spouse has been transferred, their health (such as asthma) requires a dryer climate, or
they simply want a change.
Such a situation can affect custody, but Fass & Greenberg is here for legal assistance.
Here are some of the most important things every parent should know about moving out
of state with a child.
First Look to the Agreement
When minor children are involved, some, but not all divorce and or separation
agreements contain “radius clauses”. These clauses are usually helpful in cases where
the parents share joint physical custody of minor children, whose schedules require that
the parents reside in close proximity to minimize travel and disruption to the children’s
schedules. Such a clause will typically require the parents to live within a few miles of
one another, and require the consent of the non- moving parent to effectuate the move.
If the other parent agrees, then the parties need to hire a family law attorney to help
draft an amendment to the agreement, which both parties must sign. This amendment
will also require other changes to the parental access schedule, and sometimes a
modification to the child support arrangement to accommodate travel schedules if the
distance is significant.
If the other parent doesn’t agree to the other parent’s request, the parent desiring to
move must file an application with the Court. It would help to get a family law attorney in
Nassau County to streamline the process for both parents.
The judge will assess the situation to see whether your motion should be granted or not.
The primary factor to be considered by the Occur tis the best interest of the child or
children. The Court will also consider an existing “radius clause”, but notwithstanding, if
the Court believes it is in the best interest of the children to permit relocation, then the
Court will permit it.
Both parents will have to create a new visitation plan to allow the non-custodial parent
more visitation time. Some of the factors that come into play when creating the plan
● The child’s school and recreational activity schedules
● Each parent’s work schedule
● Visitation by phone or video chatting when the child is with the other parent
Most importantly, the court should be convinced that the intentions for relocating are fair
and not meant to frustrate the other parent.
The Effect on Child Support
Besides affecting the visitation schedule, moving to a different state affects the child
support agreement. For instance, there will be additional travel costs—both parents
must determine who will step in for that.
Besides, child support laws vary from state to state. For instance, NYS custody laws
might vary from the laws in the state you move to. However, in most cases, the original
child support order stays in place after moving to another state to ensure that the
children continue enjoying the support they were getting before the move.
What About Spousal Support?
Spousal support orders aren’t controlled by the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA). If one of the parents moves and the ex-spouse is ordered
to pay spousal support, their obligation will still stay in place.
However, the court can make changes to the order. For instance, if you’re relocating to
get remarried, your spouse can petition the court to terminate their obligation.
Moving During a Divorce
If you’ve been served with divorce paperwork, it’s vital to talk to a family law attorney in
Garden City before moving a minor child out of state. Such a move can be considered
“self-help” and may result in losing custody. You have to make sure that you are not
violating any court orders which could jeopardize your standing with custody.
Finding a Reputable Attorney
Child custody matters are incredibly sensitive, especially when the court is involved.
That’s why it helps to work hand in hand with family law experts like Fass & Greenberg
to help you navigate the complex legal system. If you require assistance with out-of-
state custody, we’re ready to help. Contact us today to schedule a consultation.