Children create a legal bond between their parents. Since the law usually allows for both parents to be involved in raising the children, this means that even divorced or unmarried parents have duties towards each other as they relate to the child. If one parent wants to move far away, this seriously affects the other parent's ability to take part in raising the child. Fuller Jenkins attorneys can help you when relocation becomes an issue in your case.
If you wish to move any significant distance away from the other parent of your children, you should notify him or her of your decision. For example, a joint custody arrangement may become unfeasible if one parent lives 3 hours away from the child's school.
The best way is to get the other parent's approval and to file for a modification to your child custody and child support arrangements.
Relocation Across State Lines
If you move to a new state without notifying the other parent, then the Uniform Child Custody Jurisdiction Act states that the other parent has six months to take action before the child will have officially established residence in that state.
If your child has been taken by another parent to a new state without notifying you, you have many options for taking action. The most severe may be to file charges for Child Stealing — a federal criminal offense. Usually, the threat of filing these charges is enough to make the other parent cooperate and we don't have to resort to this action. Other potentially less drastic remedies include filing an order with the court seeking enforcement of the child custody order.
Jurisdiction and International Relocation
If one parent suddenly moves with the child to a foreign country without giving notice, then the other parent's ability to retrieve the child will depend on the laws in that country. We have represented individuals dealing with parental relocation issues in countries throughout the world.
Under the Hague Convention, even if a child has been removed from a country, it does not mean that the child’s home country loses jurisdiction over him. Therefore, if you child is removed to another country, the United States still has jurisdiction over him or her. However, not all countries follow the Hague Convention. In predominantly Muslim countries that follow Sharia law, such as Saudi Arabia and Iran, a mother from another country has no right to her children if they are moved to the country. |
