During a divorce or custody litigation, or after a case is final, one of the parents may desire to move away.  The best interests of the child may make moving away from the other parent difficult.  The law generally recognizes that it is in a child’s best interest to maintain a close and continuous relationship with both parents. Therefore, when a child and noncustodial parent have lived in close proximity to each other and enjoyed regular parenting time together, there are special considerations when a custodial parent wishes to relocate (move).

In Oregon, a custodial parent may usually relocate less than 60 miles from the other parent without notifying the noncustodial parent prior to the move. If the custodial parent plans to move 60 miles away from the noncustodial parent or outside of Oregon, the custodial parent must notify both the other parent and the court prior to relocating. Regardless of the distance, a custodial parent must continue to comply
with any court order regarding parenting time unless and until that order is modified (changed). Therefore, if a custodial parent is considering relocating, it is generally best to discuss the move with the  noncustodial parent to see if an agreement can be reached about the move and altering the noncustodial parent’s parenting time.

If the noncustodial parent doesn’t agree to the proposed move, the noncustodial parent can file a petition in court to stop it or the custodial parent may file a petition in court asking the judge to allow the relocation. In either case, the judge must consider whether the relocation would be in the child’s best interest. In considering the best interest of the child in a relocation case, the judge will consider a variety
of factors, including:

  • the reason for the move (for example, a better
    employment opportunity, remarriage, or to be
    closer to extended family)
  • the effect of the relocation on the noncustodial
    parent and child’s relationship
  • whether the move would benefit the child, for
    example, by allowing the child access to better
    schools, more extracurricular activities, or
    special medical attention.

Ultimately, the judge could decide that it is in the child’s best interest to: allow the custodial parent to move with the child; order the custodial parent to stay put; or allow the custodial parent to move, but change custody to the other parent. If a custodial parent is allowed to move, some adjustments will most likely have to be made to the noncustodial parent’s parenting time schedule and could include things like extended vacations and video messaging.  These kinds of cases can be heartbreaking on both sides.  No parent wants to be separated from their children.  However, sometimes there are legitimate reasons to move.  The children are the ultimate winners who have parents that are able to live close by each other for the entire time they raise their children.