When couples divorce, the courts will endeavor to strike a co-parenting formula that best fits the best interests of any children involved. Most often, this is achieved through joint custody, where both parents share custody of the child.
Joint custody can still be possible even if the parents live in different states, but it requires careful planning and coordination. One way this can work is by both parents agreeing to an out-of-state custody plan, which is then approved by the court.
What to consider when preparing an out-of-state custody plan
When creating an out-of-state custody agreement, it is important to consider the following following factors:
- Distance between the parents’ residences: Since the child will need to travel between states, it’s crucial to plan for the logistics involved in these trips.
- Travel logistics: Consider the mode of transportation, travel time and who will be responsible for accompanying the child during travel.
- Visitation schedule: Establish a clear and practical visitation schedule that accommodates both parents’ availability and the child’s school and activity commitments.
- Your children’s age: Consider how your children’s ages and maturity levels will affect their ability to handle the travel and transitions involved in the custody arrangement.
- Schooling: Ensure that the custody plan does not disrupt the child’s education and that there are provisions for coordinating school calendars and activities.
- Communication: Plan for regular and meaningful communication between the child and their other parent, including phone calls, video chats and other virtual interactions.
- Financial aspects: Discuss and agree on the allocation of travel expenses, child support obligations and other financial responsibilities.
- Health and special needs: Take into account any health issues or special needs your children may have, ensuring they receive consistent and appropriate care in both locations
Legal guidance can help you determine a workable approach to structuring an out-of-state custody agreement that aligns with your family’s unique circumstances.