How Will Distance Between Parent’s Residences Affect Joint Custody

Going through custody proceedings can be stressful not only for both parents but also for the child. This is why the court always considers the best interest of the child during child custody proceedings.

In general, the court follows the presumption that joint custody is in the best interest of the child. But before the court enters a decision, it does a thorough examination of the different factors that affect the child’s interests. One of these factors is the geographic distance between your house and your ex-spouse’s house.

For example, if the father lives near the school where the child is currently enrolled, but the mother lives on the other side of the state, the court may grant the father to have physical custody over the child because it is more convenient for the child to go to school. The mother will have visitation rights every weekend or any time during the weekdays as agreed or ordered in the parenting plan.

It’s worth noting that relocation isn’t uncommon following divorce and the court can still grant joint custody even when the other is relocating so long as it can be proved that it is not done in bad faith and the joint custody promotes the best interests of the child.

It’s natural to feel frustrated by the limitations imposed by law on relocation. Just try to remember that relocation rules are implemented to maintain the stability of the child’s relationship with each parent. If you have questions, please feel free to contact us at 505-880-8737 or email us at