Can I move to another city if we have 50/50 child custody? 18 Answers as of May 11, 2011

If my ex-wife and I have 50/50 child custody, can I move to another city in the state we live?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
See your divorce order. Odds are you need to give written notice of the move. Further, depending on your visitation schedule, the move may make it impossible. It would be most efficient if you were able to reach an agreement with the other parent... Stay well.
Answer Applies to: Alabama
Replied: 5/11/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, the courts usually order parents not to move more than 60 miles away from the other parent without notice to the other parent. That gives the parent who is not moving an opportunity to file a motion with the court to halt the move. If your ex-spouse doesn't object, and there is nothing in the divorce judgment that prohibits it, then you should able to move.
Answer Applies to: Oregon
Replied: 5/11/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
If the relocation will interfere with the parenting schedule or if it is your intent to remove the child from their present school district, you must have an agreement of the parties or a Court order modifying the custody/parenting schedule.
Answer Applies to: Minnesota
Replied: 5/10/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In Washington State, you will need to provide the required relocation notification, as set forth in your parenting plan. Because you have 50/50 custody, neither parent will be entitled to the legal presumption allowing the move. The Court will weigh the factors set forth in RCW 26.09.520.
Answer Applies to: Washington
Replied: 5/10/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You can move. Is the question is whether you can move with the children? If so, that's a difficult question to answer due to the different interpretations of the relocation statute in different appellate divisions. Are you sure you have 50/50 residential time, to the minute? You better see an attorney before you do anything. Many give a free consultation.
Answer Applies to: Washington
Replied: 5/10/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Not without getting an agreement on the change of custody and visitation or go to court to obtain an order.
    Answer Applies to: California
    Replied: 5/10/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This might get you into a custody fight, if she asks the court to change the 50/50% custody because she says that your move is bad for the child. Why don't you come in to see me, and we will try to get her to agree on this? And if she will not agree, then I can help plan your next moves.
    Answer Applies to: New Jersey
    Replied: 5/10/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to carefully review the court order that created the 50/50 time share. Generally, if the question is not directly addressed in the Order, the answer will depend on how the move will affect the 50/50 split. Obviously, if you move 50 miles away it will probably have minimal impact and may only require some minor adjustments to the schedule. Moving 300 miles away will create some potentially significant logistics issues that could require major changes in the time split. The straightforward answer to you question is, yes, you can move; but, if you do you may or may not be able to continue a 50/50 time share.
    Answer Applies to: Colorado
    Replied: 5/10/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    That would depend on many things, like whether the court orders already have a provision about that and if not then the distance and what new arrangements would have to be made.
    Answer Applies to: Connecticut
    Replied: 5/10/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    It depends on the orders and whether there is language which would prohibit you from moving. If the distance is too great, your ex wife may be able to seek a change of custody so that she has primary custody, in order to maintain the residence of the child.
    Answer Applies to: California
    Replied: 5/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    This all depends on what the state law restriction is on distance and what your divorce decree states. You should probably review both. A google search will usually suffice. If not, Arnold & Wadsworth offers free consultations concerning Family Law. Give us a call.
    Answer Applies to: Utah
    Replied: 5/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Depending on the distance, you may need to modify the parenting plan to determine which parent the child is going to live with. You also would likely need to give her a notice of intent to relocate.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can move to anyplace that you'd like, however your children's movement is restricted to the current order. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/10/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    It depends on your agreement whether or not your agreement restricts that. Typically you need court approval to relocate if the move is more than 50 miles.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You could move, but whether or not the 50/50 custody arrangement could continue unmodified is another question. It depends upon whether the 50/50 custody is merely on paper or real 50/50 timeshare,how far away from your ex-wife's city that other city is, and how the move would impact the 50/50 timeshare. If the move would make it difficult or impossible to continue the 50/50 timeshare, it would indeed create a significant problem. If you and your ex-wife get along in your co-parenting, you might discuss with her your desire and/or opportunity to move to the other city, and try to work out a timeshare that could work. Or you could use your Court's conciliation court services in an effort to resolve the problems that would result from a distant move, in terms of getting the children to and from school, the doctor, what to do in emergencies, whether or not the current arrangement could continue without difficulty and if not, what alternatives may be explored, etc.
    Answer Applies to: California
    Replied: 5/9/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depends on how far this other city is located. If it's relatively close, so as not to disrupt the visitation/custody arrangement, then there should be no reason for the other parent to object. It would be best to get an agreement in writing, and then file that "stipulation" with the court. Call a local family law lawyer for further assistance.
    Answer Applies to: California
    Replied: 5/9/2011
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