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Can I move with my child if I share custody with my ex?

| Mar 20, 2020 | Child Custody |

Even if an Oregon parent enjoys custody of their child, they still may be restricted from relocating out of town with them without first getting permission from the court and/or the mom or dad. It can be helpful for you to review your parenting plan to see what it says about giving notice in situations in which a custodial parent is looking to relocate. A judge will also want to know that your move is in the best interest of your child.

Most states have laws on the books that require one parent to get the other’s express consent to relocate. Generally, the mom or dad looking to move must formulate a visitation schedule before requesting the other parents express consent to make a move.

Many states require the custodial parents to provide the noncustodial one with a notice of their move as much as 90 days in advance of it. This generally allows the noncustodial mom or dad an opportunity to object to the move or consent to it.

Portland judges will often seek to find the reason for the move. They’ll want to know if the custodial parent is relocating to be closer to another family, to take a new job or to pursue higher education or if they’re moving to an area with a lower cost of living. A judge may deny a parent’s relocation request if they don’t provide a valid reason for their move. Judges may also restrict how far a child can move away from the other parent if a change may affect how much visitation they can enjoy with their mom or dad.

Moving away to a new area isn’t as easy as it seems when you share your time with your son or daughter with your ex. An attorney can aid you in negotiating a schedule with your ex that works best for you and your child.