What Happens When the Non-Custodial Parent Moves Away

When a non-custodial parent moves away, court permission is not necessarily required unless the non-custodial parent would like to amend his visitation rights. A non-custodial parent moving away only becomes an issue when he is bringing the child with him.

Remedies for a custodial parent when the non-custodial parent moves away

When you are the custodial parent, learning that the non-custodial parent is moving farther may bring anxiety. There could be fear that the non-custodial parent would just take away your child. You may have issues with your child taking public transportation just to be with the non-custodial parent.

As a custodial parent, you can petition the court for modifications in your custody agreement that can allay these fears. Here are some provisions you can request to add to your existing custody agreement, if they are not included yet:

• Prohibition for the non-custodial parent to take the child out-of-state without the custodial parent’s consent;
• Prohibition for the child to travel on an airplane, train, or bus without the custodial parent’s consent;
• Prohibition for the child to travel on an airplane, train, or bus without any of the parents (the custodial and non-custodial parent) present; and
• Obligation for the non-custodial parent to provide for all transportation costs for the child’s visit

Other provisions may be added depending on the unique circumstances of your case, the distance involved, and the age of the children.

Remedies for a non-custodial parent who wants to modify his visitation rights

If you are a non-custodial parent moving away, one of the major issues you might encounter is the fact that you won’t be able to observe the regular visitation schedule due to distance. When a noncustodial parent doesn’t utilize his visitation rights, the court may decrease visitation. For this reason, if you would like to maintain your physical relationship with your child, you can petition the court to modify your visitation schedule to accommodate the issue of distance. For example, if the child’s previous weekly schedule was split in half between you and the custodial parent, you can petition the court to have the child during holidays, such as spring break, Christmas, Thanksgiving, and summer instead, while the custodial parent can have the child for the rest of the year.

If both parents can agree on the visitation schedule and other provisions, both parents can simply enter into an agreement (stipulation) and file it with court. This can lessen the legal expenses of both parents.

Family law issues, especially child custody, can be complicated. Being represented by legal counsel can ensure that you can preserve and protect your rights as a parent. Should you have issues in family or child custody and need assistance, the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].