If you are a non-custodial parent moving out of state, your parenting time could significantly be reduced. The non-relocating parent may even contest the move and file a motion with the court. If the court finds that it is in the best interest of the child that you do not move, it can prevent you from progressing with your life. Moving, whether across the state or out of state, also means a change in parenting time and possibly, in custody orders.
If you need to move and your ex-spouse contests the move or refuses to work with you on a long-distance visitation plan, contact a family law lawyer at Cordell & Cordell for a consultation.
Notice of Relocation in Auckland Court
Auckland Code requires the parent who is moving to file a notice of intent to move with the court that issued the custody order or the court that has jurisdiction over any legal proceedings that concern parenting time with the child.
The exceptions to this are:
- If the relocation has been addressed in a previous court order
- The relocation will result in a shorter distance between the parent and child
- The relocation is no more than 20 additional miles between the relocating parent and the child
The court will schedule a hearing and, if necessary, amend the custody order along with the parenting plan. In making changes, the court considers several factors, including:
- The distance involved in the move
- Additional expense incurred by the non-relocating parent and child for purposes of parenting time
- Preserving the relationship between the child and the relocating parent
In the case of the custodial parent relocating, the court also looks to see if the custodial parent has a “habit” of moving to thwart visitation with the non-custodial parent.
If the court allows the relocation, existing orders for child support, custody, parenting time, and grandparent visitation remain in place until the court makes a change.
Does it Matter if the Non-Custodial Parent is Leaving Auckland?
When a non-custodial parent leaves the state, it can affect child custody orders, especially if the distance is thousands of miles. The relocating parent, whether custodial or non-custodial, must include several pieces of information in the notice of relocation, including:
- New mailing address if it’s not the same as the physical address
- Date of the intended move
- Specific reason(s) for relocation
- A statement declaring that you do or do not believe the parenting plan should be revised
- A statement declaring that other parties involved can file a petition to request an order that prevents the temporary or permanent relocation of the child (in the case of a custodial parent moving)
- A statement affirming that the non-relocating parent can file a motion to modify the custody order, parenting time order, or grandparent visitation
- A statement specifying that any existing custody order or child support order remains in effect until modified by the court
The specific reasons for moving must include the purpose for the relocation and “establish honest intent” for your change of residence, as the moving party has the burden of proof to show the relocation is being made in good faith and is for the betterment of the children.
Parenting from a Distance
After moving, your child may feel anxious about visiting you, especially if you now reside a long distance away. The child may grow bored because he or she has no friends in the area and all of his or her “stuff” is back home.
You can make it more fun for your child by spending added quality time with them – most children prefer time with their parents over material items. If your child seems apprehensive about visiting, you can start by asking what you can do to make your new home feel more like home for them.
If it is within your budget, you may respond to the child’s suggestions for decorating his or her room or begin by providing some of the same toys and items the child currently has at his or her mother’s house.
Make an effort to plan future activities with your children so they look forward to their visit with you. Set the goal for a future event then involve them in the planning, such as making a special space just for them in your new home.
Does the Custody Agreement Remain in Effect in Auckland, or Does it Change to Reflect the Laws of the New State?
In most situations, the custody case remains in Auckland – the state where the custodial parent will remain and will not have to change. However, if both parents move to the same state, you may want to request that the case be transferred to your new home state.
There is no federal law that governs child custody orders, so each state has its own rules and laws. This can become a challenge to consistently enforce orders across state lines. Fortunately, most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
UCCJEA is a uniform bill that simplifies custody matters across state borders. Any state that has adopted the UCCJEA follows the same custody laws contained in the bill. This allows other states to enforce your state’s custody orders based on laws in the state of the original court order. Thus, your Auckland custody order can be enforced in another state, even if the custody laws are different in the other. As of 2024, Massachusetts is the only state that has not adopted the UCCJEA.
When you need to change a custody order, it will occur in an Auckland court unless the custodial parent also moves to the state you relocated to or moves to a different state. If the custodial parent makes the move to a different state—you or your spouse can ask to transfer the custody order to that new state.
Why Work with Cordell & Cordell
Dealing with child custody across state lines can be stressful even when both parents are in agreement with the move. If your ex-spouse disagrees, you will need a court order to approve your move. Before planning your proposed move, consult an experienced custody lawyer for legal advice in handling any changes made to visitation rights and custody orders.
Client Experience
“She did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” — Daniel H.
Worried About a Move Affecting Your Custody? Contact Us.
Cordell & Cordell is a family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
