Can a Non-Custodial Parent Get Custody and Move Out of State?

Even if you share joint custody, a judge may consider allowing you to move out of state and maintaining a custody plan if you can show it is feasible and will not negatively influence your child's development.

If you wish to modify your visitation order to receive sole or joint custody of your child, you must prove in court why it would be beneficial for your child.

With substantial evidence and the help of a skilled attorney, you may be granted joint custody with the other parent, which may give you partial physical and/or legal custody.

Custody In more serious situations, the family court may grant you emergency custody if it feels that the custodial parent is a danger to your child.

Emergency custody is typically granted to a visitation parent when the custodial parent: Has a record of abuse Has substance abuse issues or mental health issues that endanger the well-being of your child Has committed a crime Violated court-ordered visitation Has abandoned the child Committed parental alienation Emergency custody may be temporary until the court has completed an investigation and evaluated the custodial parent's actions, after which it may grant you sole custody to take care of your child.

Judges can allow parents to have joint interstate custody, in which the child moves between two homes in separate states, but they will want to be assured that it will not impact the child's development.

Interstate custody agreements can include alternating physical custody between the school year and vacations.