Parents generally have legal authority over their children. They decide what type of medical care their children require and where they go to school. They have control over their property and a responsibility to meet their basic needs.
In some cases, parents may need to make drastic changes to the family circumstances to better meet the needs of the children. For example, parents hoping to pursue well-paid jobs or reconnect with family members may decide that relocating or moving house is necessary.
In some scenarios, parents cannot make that decision without the consent of outside parties. When do parents need permission to relocate with their children?
When they are subject to a custody order
When the parents of a minor child divorce or stop living together, it is common to establish a shared custody arrangement. Parents share legal authority and work out a timesharing schedule where they each have their children for a certain amount of time.
Parents subject to custody orders generally need approval from the other parent or permission from the courts to relocate with minor children. However, minor moves do not require pre-approval. Only substantial changes in circumstance force parents to secure pre-approval for the proposed relocation.
When the move is a significant distance
If parents intend to move to a different neighborhood for cheaper housing or faster access to extended family members, pre-approval may not be necessary. Similarly, if a parent intends to take the children to a vacation destination for a few weeks during the summer, that move may not require permission.
However, any move lasting 60 days or longer that takes the children 50 miles or more from their current residence may require pre-approval. In some cases, co-parents can reach an agreement with one another that adjusts timesharing arrangements to reflect the new living circumstances of the parents.
If the parents do not agree on the need for the move or how to modify their timesharing, then it may be necessary to take the matter to court. A judge can review the situation to determine if the move is in the best interests of the children.
Planning well in advance is critical for parents proposing relocations involving children. People who understand the rules that govern shared custody and relocation requests may have an easier time obtaining permission for the changes they want to make to their lives.