Relocation issues can become contentious after a divorce, especially for co-parents who share physical custody of their children. If two co-parents live in the same town in Hawaii, for example, it is easy for them to make custody exchanges. However, a relocation by one parent could make it impossible for those exchanges to take place.
This is especially an issue in Hawaii because it is so far from the mainland. If one parent wants to move to a different state, such as California, there would be virtually no way to stick to an established custody exchange schedule, such as exchanging the children every other week.
A modification must be requested
For parents who find themselves in this position, it’s typically necessary to ask the court to modify the custody order. A parent should never just relocate to the mainland with their children, violating the standing custody order. Doing so could be seen as a significant violation of the other co-parent’s rights and highly detrimental to the children’s well-being.
When the parent requests a modification, the court may also want to know why they intend to move. The goal is to keep them from intentionally interfering with the custody arrangement. They may be asked for specific reasons, and some examples could include taking a new job, attending a college or university, seeking a lower cost of living than they can find in Hawaii or moving closer to extended family members, such as grandparents.
Regardless of the specific reasons, it is important to take the proper legal steps to modify the order in advance. Co-parents need to know exactly what legal obligations they have.