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The basics of parental relocation

| Nov 30, 2018 | Divorce |

After a North Dakota divorce, the living arrangements for the parent with residential responsibility of children from the marriage might change based on the circumstances. This can impact visitation plans and other issues that could cause a dispute between the parties. For parents who are either considering a parental relocation or are concerned about how it will affect their ability to see their children, understanding the basics of what the state law says about relocation is key. This will be imperative when trying to navigate the situation.

If a parent has been given primary residential custody and decides to relocate to a different state, there are two ways in which he or she can do so: they can have an agreement with the other parent if the other parent has parenting time; or they can seek an order to move from a district court in North Dakota. There will be no requirement to get such an order in the following circumstances: if the other parent has failed to exercise his or her right to parenting time for one year; or the other parent has left North Dakota and moved to another state that is more than 50 miles away from the residence of the parent who has primary residential custody.

If the parents have equal residential responsibility and a parent wants to relocate out of North Dakota, he or she must also follow through with the process of getting consent or getting an order from a district court as well as receiving primary residential custody. If primary residential custody has not been established yet and the parent who is seeking a relocation does not have primary residential responsibility, that parent might need to prove that they should get primary residential custody before anything else.

There are many reasons why a parent might want to relocate with a child. Perhaps there is a better job opportunity in a different state. The person’s family might live in the other location. There could be concerns that the former spouse could be a threat. Regardless of the reason, there are laws that regulate when parental relocation can take place. The parent with primary residential custody and the other parent should have legal advice regarding these matters. A law firm that specializes in divorce, child custody, parental relocation and all family matters can help.

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