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Custody & Kidnapping

Laws current as of April 23, 2019

My child's parent is moving. What happens with visitation?

Generally, if a parent moves and wants to have visitation in their new state, either:

  • the parents may agree on a visitation schedule to allow visits to continue and have this change (modification) approved by a judge; or
  • the parents may return to court to have a judge decide if the parents can’t agree.

There is not generally a mandated way that exchanges for interstate visitation have to happen. Generally, the parents may agree on how to exchange the children, or a judge may order a specific way to exchange the kids. Some things a parent may want to consider including in an order about visitation between states are:

  • specific times a child must be returned by;
  • a designated person or people who must travel with the child from parent to parent, or who must pick the child up if the child travels alone;
  • a specific way the child must travel. For instance, some parents may feel more comfortable if a child travels by plane rather than car, as there would be records from a plane trip if the child is not returned;
  • who pays for the costs of travel either or both ways;
  • and other specific issues that may come up depending on the specific relationship and travel.