What happens if you move across state lines with your childrenwhile the father has only visitation rights?

Answer 1

In the past, the custodial parent could move wherever they wanted and the non-custodial parent had no say in the matter. Today however, many states have begun to move away from that line of thinking, recognizing that the disruption in visitation with the non-custodial parent could be detrimental to thechild . Because of this change in perception, some courts now require that the custodial parent give adequate notice before any kind of drastic move and must gain the approval of the non-custodial parent and/or the court before the move can take place. The custodial parent must have a good reason for the move, such as a new spouse that lives in the proposed location or a verifiable offer of better employment. The court will then have to weigh the expected benefits to the family with the potential disruption to the child. If the child has a close and involved relationship with the non-custodial parent, the court is less likely to disrupt this relationship. Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request. On the other hand, if the non-custodial parent has not taken advantage of scheduled visitation or if the relationship is a strained one, the court may decide to allow the move. The court will also consider the advantages to the child, such as better education or facilities that could better accommodate the child's special needs or medical condition. If the move is allowed, the court will restructure visitation to maintain the relationship between the child and the non-custodial parent and may reduce child supportor impose travel expenses on the custodial parent. Distance Specified by Court Order Many states have a set distance that one party is allowed to move away from the other. For instance, in Wisconsin, the distance limit is 150 miles. However, parents who live close to a state border may have it stipulated in the court order that neither parent can move out of state without parental permission. If your ex has simply moved across state lines, she may be within her rights as long as it is within the distance specified in your court order. However, if it does not specifically state this, you must file a motion with the court to remedy the situation. Notification Some parents may try to move out of state with the child before notifying the other parent of the move in hopes that the move will be ordered to stand since it is already done and to avoid confusion and emotional trauma to the child. However, there is a specific protocol that must be adhered to for a move to be granted by the courts. In many states, if the other parent wishes to move out of state, he must notify you at least 60 days before the move. You then have between 20 and 30 days to contest the move. If that notice was not given, the court must be notified. Length of Removal In some cases, a parent may take the child out of state for an extended vacation or a visit with family. If you are not sure what your ex intends by such a move, you should contact her to try to determine her motives. Advanced notification is not necessary to take the child out of state for vacation or a visit with family unless it is specifically stated in your court order or unless the vacation will last more than 14 days. However, if it is found that this move is only temporary, you do not have the right to contest the out-of-state trip.