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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10259
Experience:  Experienced Family Law Attorney
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Can a non custodial parent move out of the state the live in

Customer Question

Can a non custodial parent move out of the state the live in
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Does the noncustodial parent have a visitation order? Does the order make any reference to this issue?

Customer: replied 1 year ago.
I can see them two times a week and every other weekend
Customer: replied 1 year ago.
This is just what we agreed to not made by a judge
Customer: replied 1 year ago.
My ex wife has no problem with me moving to another state and it is stated in the divorce papers
Expert:  LegalGems replied 1 year ago.

Thank you; the Parental Relocation Act only refers to the custodial parent that wishes to move with the child (and court permission is required for that).

The noncustodial parent is free to move unless the court states otherwise- everyone has a constitutional right to move, but the move can result in a modification/denial of visitation.

The court always looks to the child's best interests, so if the move results in an undue burden to the child's schedule, the court may require the moving parent to have visitation in the child's home state (so school and extracurricular activites are not disrupted for example). But most will provide for at least one significant holiday and some summer break time with the moving parent.

If the parties are in agreement, they can enter a stipulation and detail how visitation will be affected, setting forth a new visitation schedule. Generally the court will agree if both parents are in agreement, and will enter it as a valid court order.

The child's home state continues to have exclusive and continuing jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!