Parents who have joint custody over their children might experience some drawbacks when it comes to issues regarding out-of-state living arrangements. The court may have to look into significant considerations on the children’s physical custody as it’s going to be difficult for them to transfer from one state to another.
How can parents proceed with their parenting plans? Read on to know more information about this topic. First, let’s discuss definitive details on joint custody.
Joint custody provides shared rights on both parents over their responsibilities in raising the children after a divorce or separation. This arrangement involves specific guidelines on legal and physical custody.
Joint Legal Custody
Joint legal custody grants both parents shared rights to make decisions over the major aspects of their children’s lives. Parents can have a say on the course of their education, choice of religion, undertaking medical treatments, and more. Both parents are expected to maintain communication regarding these matters. It may also include the division of financial responsibilities entailed in ensuring their healthy development.
Joint Physical Custody
Joint physical custody grants both parents shared rights to the living arrangements of the children. If parents live in the same city or region, it’s easier to plan a schedule.
In the case of siblings, the court would prefer that they stay in one home. However, important developmental factors might also influence their living arrangements, so it’s possible for them to get separated for reasons like schooling or access to medical treatments.
How to Make Out-of-State Arrangements
Kids traveling within the state with either of the parents granted with joint custody may not be much of an issue for the court, as long as it’s under the lawyer’s advisement. But, how about if a custodial parent is planning to transfer outside the state? Undoubtedly, the physical custody of a child will come in question.
An out-of-state custody arrangement will be required if one of the parents decides to move to another state. Both parents must be involved in creating the written agreement with the counsel of their lawyers. The family court will assess the guidelines of the standard arrangement.
With a considerable distance, it’s impossible to share the time of the kids, unless it’s only for visitation or vacations. And in this case, the kids’ physical custody will be designated to one parent.
Can A Parent Take A Child Out of State with Joint Custody?
The out-of-state arrangement will affect the initial agreements stipulated in the joint custody. Both parents should have an understanding that the physical custody of the child can be transferred to either one of the parents. Although, parents can also agree to keep the joint custody if it works for the court.
If the family court finds it more beneficial for the child to live with the parent who is transferring to another state, then it’s possible to take the child along with the move. However, in most cases, the court finds it best for children to stay with the parent in the same state where they’re more comfortable with their environment.
Parents should consider the impact of the out-of-state arrangement on their children’s lives. Create a parenting plan that’s according to the guidelines of the court, but it should be most beneficial for the kids who are going to be affected by all the changes in the joint custody.
Call us for consultations about out-of-state custody arrangements or other issues on family law!