Relocation After Divorce; Part II

Relocation after divorce is a reality.  When the custodial parent plans to move with the children it raises a number of legal, emotional and logistical issues.  This second part of a four part series addresses parenting both before and after a custodial parent attempts to relocate with the children.

The last article addressed changes in the law that allows the court to intervene and modify a parenting plan when the custodial parent chooses to relocate with the children.  There are several steps that a noncustodial parent may take to address a potential relocation when drafting an original parenting plan. Further, once a decision is made that the custodial parent will relocate with the children; there are a number of considerations that need to go into a future parenting plan.

While the law does not allow geographically restricting a parent from relocating, there are a number of steps that the law does recognize with regards to the potential that a custodial parent may relocate with the children.  These measures are not designed to control or trap the custodial parent but to allow the non-custodial parent to continue to be a part of the lives of the children.  First and foremost, the law requires notification by both custodial and non-custodial parents of any relocation.

Built into nearly every parenting plan, as well as the law, is a requirement that parents notify each other in writing thirty days in advance if they are going to relocate.  That allows the other parent to make arrangement or even bring an action in court to modify the existing parenting plan if needed.  While this can set the stage for that potential move, there are other things that can be built into a parenting plan that insure both parents respect the effect the distance between the two parents.  

Insuring that both parents share equally in transporting the children is one example of what could be built into a parenting plan.  Another way is to establish an address that will maintain the children in the same schools they have attended.  On one hand, older children tend to be oriented toward their school and the friends they have built there. Further, establishing school address with a parent that is much less likely to move may prevent the custodial parent from moving without a good cause.

Despite all of the planning to maintain stability, sometimes the custodial parent’s move is inevitable.  If it is determined that it is in the best interest of the children that they move with the custodial parent, this is the hard work for the courts and the lawyers.  The challenge is to come up with a way to insure that the non-custodial parent maintains a place in the life of the children, regardless of the distance of the move.

When a parent moves a short distance away, it may have little impact on the parent’s ability to spend time with the children.  In these circumstances, parents are looking at changing the transportation arrangements for the children as well as adjusting the parenting time.  There are also considerations regarding changes of school schedules.  Whenever child custody is an issue, it is important to look at the school schedule for the children.  The new school district may follow a different calendar and not have the same breaks.

When the custodial parent moves out of state, constructing a new parenting plan is much more of a challenge.  When hours of driving or airline flights are involved in transporting the children, the old parenting plan is no longer feasible and must be changed.  Further, the expense of transporting the children becomes a factor creating a parenting plan that will work.

In most cases, when a parent has relocated out of state, then courts look to what is called block visitation.  In other words, the non-custodial parent would normally spend parenting time during the children's breaks from school as weekend visits are not practicable. This usually means that the children spend greater amounts of time during the summer breaks, holiday breaks and three day weekends.  

With modern communication available, it is normal to build into a parenting plan the means by which the children can communicate with their parents, including not only telephone calls but also video conferencing, social media, electronic mail and through mobile devices.  Parenting across great distances also requires a greater level of communication between parents.  One of the obligations of the custodial parent is to facilitate the relationship with the non-custodial parent. 

Once a custodial parent moves, it is up to that parent to let the other parent know about schools, doctors’ appointments as well as extracurricular activities. The non-custodial parent will be at a greater disadvantage as this parent will have fewer opportunities to attend and participate in the activities or interact with the providers.

Costs are another factor that will need to be worked in.  Transporting children across great distances can be time consuming as well a tremendous burden.  Airline tickets are expensive, especially when the airlines offer no discounts for minors to fly and add charges for children to fly without an adult.  In addressing the costs, the courts can either divide the cost of travel between the parents or apply a deviation or reduction in the amount of child support paid by the non-custodial parent. Depending on the circumstances, the courts generally place a greater burden on the parent that chose to move.

In the event that the non-custodial parent was to relocate, many of the same solutions are applied to come up with a parenting plan that allows the children to have both parents in their life.  When a non-custodial parent moves many of the issues regarding the financial aspects are different, especially when it comes to the costs of transportation. However there is still the same need to insure that the children spend time and communicate with both parents.  

Experienced family lawyers, routinely help parents through the issues of relocation and with the help of counselors and mediators that can help parents put together that all important plan to raise the children together.  The next article will address jurisdiction and venue, or which court and where relocation issues are addressed.

Eric Ballinger is a 20 year veteran family lawyer in Canton, Georgia.  He also serves on the Board of Governors for the State Bar of Georgia where he chairs the Military Legal Assistance Program and the Law Practice Management Program.