Any relocation, especially out of State, can be a significant issue with custody cases. Generally, when one parent relocates out of State, it triggers the material change requirement for the existing Custody Order to be modified.
In relocation cases, the physical custody schedule will often need to be modified because it is no longer viable with the parent’s new location. For example, if the Custody Order provides that each parent has one week on and one week off, this schedule would likely not be viable if one parent relocates and now lives several hours away from the other parent. In this case, the parties would have to agree on a new schedule or, if they cannot agree, the Court would have to fashion a new physical custody schedule for them.