How to Move Out of State With 50/50 Custody

Filing a custody-modification plan will allow you to get the court's permission before moving. out of state.

There are different things to think about when planning a move out of state, especially when a child-custody agreement that splits custody equally between the parents is involved. If your ex agrees to the move, it will be a much simpler process. However, if your ex doesn't agree, you may have to file a motion in court in order to be granted permission to move out of state while retaining your current custodial arrangement. The laws in each state vary so you may want to consult with an attorney before planning a move out of state.

Instructions

1. Talk to your ex about the move. Have a visitation system worked out if he agrees to the move, such as allowing the children to visit him for the entire summer and holidays.

2. Write out the new plan and have your ex sign. Depending on your relationship with your ex, you may want the court to be aware of the new custody arrangements in case of any future problems. If you do, file a custody-modification plan in the same way you would if he didn't agree.

3. Obtain a custody-modification petition at the family courthouse where the divorce decree and original parenting plan were finalized. Ask the clerk of the court for the specific form, usually called a "modification."

4. Complete the form and include any necessary documentation. Some petitions require copies of the original judgment to be attached. File the form by giving the completed form to the clerk of the courts. Keep a copy for your records.

5. Serve the petition to your ex. The clerk of the court will be able to provide you with instructions on how to serve the petition. A court date will be assigned.

6. Attend the court date. You may want to have an attorney present to represent you but you do not need one. If your ex approves of the move, the judge will likely approve the modification. If your ex does not approve, the judge will determine what is in the best interest of the child. If you are moving for a better job or near a support system, that will weigh in your favor. However, if your move is for a new relationship or just a change, you might have more difficulty getting it approved.

Tips & Warnings

• Research your state laws. In some states, custodial parents do not need any permission to move out of state.

• Relocating out of state when you have joint custody can be complicated. It is advisable to consult with an attorney before filing any paperwork.

References

• Bankrate; "Judge is usually the deciding factor in a divorced parent's move"; Laura Bruce; June 2003
• Divorcenet: Relocation In and Out of State
• Northwest Justice Project: Self-Help Guide to Following Washington's Relocation Law