Skip to Content

Can I Move Out of State With Joint Custody?

woman sitting on the floor packing a glass surrounded by moving boxes

Many life events can cause someone to move to a new state. Perhaps you wish to move for an incredible new job offer, to care for a sick family member, or to pursue higher education. In any situation, your ability to move will likely be impacted by your child custody arrangement. Let’s discuss what you need to know about relocating when you share custody.

Relocating When You Have Primary Custody

If you are the custodial parent, you may feel as though you should be free to move when needed. However, this isn’t the case. If you wish to relocate out of state, you must notify the courts. You will need to get legal permission to move. The court’s decision will be based on whether or not the move is in the child's best interests.

If you are granted permission to relocate but the non-custodial parent wants to contest the move, they may do so. Then, there will be a formal relocation hearing where both parties may explain why the move should or should not be allowed.

It’s also important to note that it isn’t only out-of-state moves that require legal permission. Custodial parents may also need explicit permission to move multiple counties away from where the divorce originally occurred.

Can The Non-Custodial Parent Relocate?

Non-custodial parents may have an easier time when it comes to an out-of-state or long-distance move. In general, non-custodial parents are able to move further away. However, visitation schedules will likely need to change if the non-custodial parent moves over 100 miles away.

If the non-custodial parent is making a big move, it’s a good idea to review the joint conservatory agreement and make necessary modifications to account for the new living arrangement.

Child Custody Attorneys in Dallas, Texas

If you were presented with a reason to move out-of-state but share child custody, contact our team at Palmer Perlstein. We can help you present your case to the courts and show why the relocation is in your child’s best interests.

If you need to seek a child custody order modification due to either parent relocating, speak with a member of our team today. We want to ensure that all changes are made legally and fairly.

Get started with our family law team today: call (214) 891-3382.