[rsr2108]

I am trying to find out what the laws are concerning a parent moving out of state when they have joint physical/legal custody with child spending equal time with both? I have been told that parent moving must notify the other parent in writing and that parent has a certain amount of time to respond to that through court filings. Also would the court look more favorably to giving custody to parent that is remaining in originally state if that parent has child more of the time that the parent that is moving?

[JudyKayTee]

Is custody/visitation by Court order or agreement?

[rsr2108]

It is a court order agreement signed by judge, both parties and their lawyers.

[JudyKayTee]

Then you must go back to Court and get it modified. The Court may or may not approve the change in residence. However, if both parents are in agreement, then it will probably be approved.

There will, of course, be changes in visitation because the parent "left behind" will have less frequent access to the child.

[ScottGem]

This is pretty standard across. If the primary custodial parent wants to move and that move will affect the court ordered visitation/custody order in place, then the primary custodial parent MUST get permission from the court to move WITH the child. The parent is, of course, free to move without the child allowing the non custodial parent to have primary custody.

If the primary custodial parent tries to move without court permission they will probably be ordered to return or return the child.

Bottom line is one cannot do something that will change the nature of a court order without court permission.

[rsr2108]

Thank you for your insight. There is not a primary custodial parent in this situation. The custody is jonint physical and legal with child spending equal amount of time with both parents in a alternating week rotation between parents and visitation hasn't been interrupted yet but child is not school age but will be soon and that will be an issue.

[JudyKayTee]

In NY (and I appreciate you are not in NY) there is ALWAYS a custodial parent, even if visitation/custody are split 50/50. I'm surprised it's different in another State.

Are you saying that the move will not change the visitation with the "other" parent because the child will still divide his/her time in the same manner?

I still think you need to amend the Court Order to avoid being charged with parental kidnapping - or something else of a similar nature.

[rsr2108]

Thank you. I do believe that there will have to be a change in court order. The court paper list both parents as the custodial parent equal because it says that they share both physical custody and legal custody of the child and the child spends equal amout of time with both according to papers although the child spends 75% of time with me. The child's time with parents has not been changed at this time because the child is not of school age yet. When child is school age he/she can not be enrolled in school in two different states. So the move will alter the time with parent that hasn't moved if enrolled out of state. I am the parent that is remaining in the originally state and have been made aware that other parent is living in another state but other parent has not notified or given any information about the move and would not tell the truth about it if asked.

[ScottGem]

I'm also surprised that one parent is not designated primary, even if the split is exactly even.

So you are saying that the other parent has already moved and, therefore, doesn't take advantage of his alternate weeks? What happens now when he wants his visitation? This is also why a primary is usually identified. Otherwise you have a situation as confusing as this.

I would go back to court now and inform the court that the other parent has moved without informing you. Ask that you be declared the primary custodian and that the current visitation order be suspended until the other parent informs the court of his location and sits down to negotiate a new order.