When can a parent move away with a child if they share custody?

Divorced and separated parents are usually subject to custody orders. Parents have the opportunity to establish their own custody arrangements if they can agree. If they cannot, then a family law judge can determine the best way to divide parental rights and responsibilities.

Custody orders include customized terms based on family circumstances, including their current living arrangements. If either parent intends to move away with the children, their decision could have major implications on the other parent’s access to the children. Relocations or move-away requests can be a source of conflict between parents trying to share custody.

When can a parent move away with the children they share with an ex-partner?

When they reach an amicable arrangement

Parents always have the option of cooperating with one another in a shared custody scenario. If one parent intends to relocate, they can notify the other parent and negotiate arrangements to facilitate that transition. The parents might agree to slightly modify the current breakdown of overall parenting time if the move is minor.

If one parent intends to leave Louisiana or move to another parish, the parents may need to make major adjustments to their arrangements. For example, the parent who doesn’t intend to relocate might receive far more parenting time during school breaks and summer vacation to make up for the increased distance and the impact the move could have on regular custody exchanges. Parents who agree on a proposed relocation can move forward with an uncontested custody modification.