Divorce is a challenging and emotional process, but when children are involved it can become even more complex. When parents live in different cities, states, or even countries, custody arrangements can be complicated. If you are in a long-distance divorce it is important to understand how child custody and parenting rights will be handled, given that you and your ex are committed to making it work. Reach out to a Long Island relocation lawyer to set up your free consultation and discuss your child custody options.
What Types of Child Custody Exist?
In any divorce, the primary concern for courts is the well-being and best interests of the child. Custody refers to a parent’s rights and responsibilities to their child and it is generally divided into two main categories, physical and legal custody.
Physical custody refers to where the child lives. A parent with physical custody lives with the child while the other may have joint physical custody or visitation rights.
Legal custody concerns the right to make decisions about the child whether it be their upbringing, education, healthcare, religion, etc. Legal custody can be sole or joint as well.
How Does Long-Distance Divorce Work in Terms of Child Custody?
When parents live in different jurisdictions the legal process of establishing custody can be more complicated. Each state or country has its own laws regarding child custody and different courts may have different opinions on what is in the child’s best interest. Generally, the state or country where the child now lives will have jurisdiction over custody.
A thought-out parenting plan is essential in a long-distance custody arrangement. The plan should outline the schedule for visitation, transportation, communication, decision-making for the child, and more. Because each parent lives so far away, there should be a prior agreement for emergency situations or unexpected events that dictates how a parent should handle surprise situations while abiding by the custody agreement.
Example of a Long-Distance Custody Plan
Consider a situation where the parents live five hours away from each other, in different states. The custody plan may establish that the child lives with the custodial parent during the week and spends every other weekend with the other parent. The plan may stipulate that the child spends longer periods with the other parent during breaks from school when they are not under such a time constraint.
The custody arrangement will also outline where the child will spend holidays and summer vacations to ensure fair parenting time. How the child will travel between the two homes and who is responsible for covering the costs will also be addressed. Setting clear expectations and communication between all parties is crucial when dealing with a long-distance custody plan.
If you are going through a divorce and live a significant distance from your ex, it is crucial that you understand your rights regarding child custody. Work with an experienced attorney for more information and skilled representation.
