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Interstate vs. interstate relocation in child support cases

On Behalf of | Oct 14, 2024 | Child Custody |

Relocating is difficult, especially if it involves a child and custody arrangements. Whether you’re moving across state lines or within the same state, understanding the implications of such a move in your child’s case is an inevitable step. Let’s dive into the difference between interstate and intrastate relocation and how these moves can impact your child.

What is interstate relocation?

Interstate relocation means moving from one state to another. Due to differences in state laws, this type of move can significantly affect child custody cases.

For instance, if a parent in Kentucky wants to move to California, they must meet both states’ legal requirements. Interstate moves often require court approval, especially if the nonrelocating parent objects. The court will consider factors such as the reason for the move, the distance and the impact on the child’s relationship with both parents.

What is intrastate relocation?

Intrastate relocation, on the other hand, involves moving within the same state. While it might seem less complicated, it can still affect custody arrangements. For example, moving from Louisville to Owensboro can disrupt the child’s routine and the noncustodial parent’s visitation schedule.

Like interstate moves, intrastate relocations may require court approval, depending on the distance and the existing custody agreement.

Impact of relocation on child custody

Relocation, whether interstate or intrastate, can profoundly impact child custody cases. Courts prioritize the child’s best interests so that they will scrutinize the reasons for the move and its potential effects on the child. Here are some key considerations:

  1. Stability and continuity: Courts prefer maintaining stability in the child’s life. A significant move can disrupt their schooling, social life and overall routine.
  2. Parental relationships: The court will assess how the move affects the child’s relationship with both parents. They aim to ensure the child maintains a strong bond with both, even if one parent relocates.
  3. Child’s preferences: Depending on their age and maturity, their preferences may also be considered.

Whether you’re considering an interstate or intrastate move, it’s essential to understand the legal implications and prioritize your child’s well-being. Consulting with a family law attorney can provide guidance tailored to your specific situation, ensuring that you navigate the relocation process smoothly and in your child’s best interest.