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When is Moving Ok?
In a shared custody situation (custodial parent has 5 days, noncustodial has weekends) can the noncustodial parent move out of state during a pending court case for custody? A guardian ad litem has been appointed and has not yet met with the noncustodial parent and the child.
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If the parent not having physical custody moves, that is a voluntary situation. There should be no legal bar against them doing so. However, they cannot expect the same visitation schedule unless they provide for it. For example, if it means traveling to get the child to the parent for the weekend, then the parent that moved would have to pay for the child's traveling. The custodial parent might also be able to prevent that on a variety of grounds.
The only legal bar to moving is if the move prevents the OTHER parent from exercising court ordered visitation. |
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