However, he has this … If the parents cannot reach an agreement, it then will be up to the judge to hear the case, consider the applicable child custody laws and determine what would be best for the child. The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) is a statute that sets standards within the court system to keep custody determinations in one particular state -- generally the state … Nevada law specifically states that the parent moving out of state with the children must pay all travel expenses (NRS 125B.080(9)). The regulations for child support when moving out of state are governed by the Uniform Interstate Family Support Act (UIFSA). When a parent moves out of the family residence during a divorce, the children l typically remain in the family home with the other parent. Additionally, the parent should consider frequent travel plans from their new home to a convenient location for the non-relocating parent. A reexamination of the custody arrangement is presumed necessary in move-away cases where there are existing joint custody … An experienced child custody attorney can advise you of your legal rights and the state laws that will come into play. Rebecca's Question: I have sole physical custody and our court order states the specific drop off and pick up location for visitation, as well as stating the children are not to leave this state without written permission from the other parent. Parent relocation can be a complex situation that affects child custody orders, and requires legal assistance. And it is unlikely the court will agree that seeing your children only once a year is sufficient, unless the parties agree to that. Under the Texas Family Code Section 152.102, Texas has defined “Home State” to mean “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In California, a parent must petition the court for any type of substantial move with a child, This includes in state and out of state relocation … It is important to note that multi-state child custody … The Travel expenses related to visitation, such as the costs discussed above, are addressed in the context of child support. If the parent who moves away has been the primary caretaker, the children prefer that parent, and the new neighborhood is a good one, the move is more likely to be permissible. If the out-of-state parent wants to modify custody (or adjust child support), he or she will have to file the action in Texas. Where both parents equally share custody, the parent opposing the relocation does not need to establish the significant change of circumstances and the detriment to the child that a non-custodial parent must show. In an effort to address these jurisdictional issues (by jurisdictional issues, I simply mean a determination as to which state's courts may decide a particular child custody issue) and also in order to avoid relitigation of custody issues (for example, one parent does not like the custody decision in state A, so that parent moves … In most cases, if all of th e children you are asking the court to address have lived in Oregon for the six months before you file the Petition, Oregon courts can make a decision. Child Custody When A Parent Moves Out of State Child Custody court orders specify the legal obligation of both parents related to the child custody as well as the possession and access of the child. The burden of proof incumbent upon the parent who moves is to affirmatively show that the move is in the children’s best interest. This only happens in limited circumstances, however. John Gragson’s answer below is quite good. Moving children out of the state will affect the other parent’s rights. A child custody relocation case, where one parent wishes to move out of state with the child, typically involves a trial where the left-behind parent can make a case for why the other parent should not be allowed to relocate with the child. If they won’t agree, you’ll need to get a judge’s permission to move. Even for a custodial parent, moves out of state can be frowned upon if the change will limit the children's time with the other parent. The longer the parent who moves goes without seeing the children, the more likely that parent will be awarded less physical custody or visitation. Custody Cases in a State Other Than the Child’s Home State In some cases, the child’s home state will decline to exercise jurisdiction over a custody case. Some states like Michigan and Arizona require parents to obtain the consent of the other parent or the permission of the state’s court system before they can relocate with their child to another state or 100 miles within the state. I do not believe he is capable of caring for a young child on his own. Or they may wish to relocate somewhere significantly further from the other parent than that agreed to in their initial parenting plan. Lastly, a relocating parent might want to consider setting a new custody schedule that would permit extended vacation visits with the non-relocating parent, in order to continue and possibly deepen the bond between the child and the non-relocating parent. This is only allowable if this move doesn't affect your child's rights and is in their best interest, for example, a better school, closer to family, or better living conditions. The opportunity to petition the court to prevent the relocation can be complicated a! 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