- Can I move before modifying child custody?
*The short answer is yes, however, it is not in your best interest to do so as moving before modifying child custody can result in the other parent gaining emergency custody of your child. It is in your best interest to seek permission from the court before relocating.
- If I need to relocate, what do I do to change the custody arrangement in a separation agreement?
*You should first look to your separation agreement to understand the terms of the agreement. Depending on your separation agreement you may need to modify the agreement or seek mediation. If a separation agreement is not in place, you may need to file a child custody action to define the terms of the arrangement.
- What can I expect for a child custody schedule if I become a long distance parent?
*In the event you become a long distance parent, you have the option of being with your child during the summer as well as school breaks and vacations, however, if a decision cannot be reached with the other parent you have the ability to modify a child custody order to better help your situation or to file a child custody order that defines your child custody arrangement.
- Do I have to get court approval before relocating?
*Technically, you do not have to get court approval before relocating, however, It is in your best interest to seek court approval before relocating. If you decide to relocate before getting court approval you can have a contempt order filed against you by the other parent and in some cases open the door for emergency custody to be sought against you.
- If I need to relocate, how do I change the court ordered custody arrangement?
*This answer depends on whether you have a child custody order in place or separation agreement. If you have a child custody order in place, you will want to modify the child custody order with the courts before relocating. However, if you have a separation agreement in place then, depending on the terms of your separation agreement, both parties may need to put in writing their new agreement, sign the agreement, and have the agreement notarized.
- What do I do if my ex relocates with my children?
*When this occurs, you have two options: You can file a lawsuit stating a breach of contract or you can file a motion to hold the co-parent in contempt or a motion and order to show cause if a court ordered custody arrangement exists.
- What is the judge looking for in a modification and relocation hearing?
*When seeking a modification and relocation hearing, a judge will look for two things: whether there has been a substantial change in circumstances that effects the child’s wellbeing; and if changing the child custody order will be in the child’s best interest.
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