Jeffrey Ott is an attorney licensed in Oregon and Washington. He has helped numerous families and defendants for more than 15 years. Questions? Email him: jeffrey@corey-law.com
Relocation cases are rarely about geography.
Most begin with a seemingly straightforward question. A parent receives a job offer. Family support becomes available in another state. A new spouse has an opportunity elsewhere. The parent wants to know whether they can move.
The legal question, however, is usually different.
The question is whether the move will affect the rights of the other parent and, perhaps more importantly, which court has the authority to make that decision.
After more than fifteen years handling interstate custody disputes, I have found that many relocation cases become significantly more expensive than they need to be because the parties begin acting before they understand the terrain.
Here are five questions I encourage parents to ask before making significant decisions.
1. If I Have Primary Custody, Can I Move Wherever I Want?
Not necessarily.
Many parents assume that having primary custody automatically grants them the authority to relocate with the children. That assumption is often incorrect.
The issue is not whether a parent wishes to move. The issue is how that move affects the children’s relationship with the other parent.
A move across town may create few legal complications. A move across state lines may create many.
Before accepting a position, signing a lease, or purchasing a home, it is often worthwhile to determine what restrictions exist under the current judgment and how a court is likely to evaluate the proposed relocation.
The cost of understanding those issues in advance is usually far less than the cost of litigating them later.
2. Which State Actually Has Authority Over My Case?
This is often the most important question in the entire case.
Many parents assume that once a child begins living in a new state, the new state automatically gains authority over custody decisions.
That is not how the law works.
The Uniform Child Custody Jurisdiction and Enforcement Act, commonly referred to as the UCCJEA, exists to prevent multiple states from issuing competing custody orders.
The practical effect is that a parent may relocate while the original state continues to retain jurisdiction for years afterward.
The most expensive mistake I see in relocation cases is not necessarily moving. It is making strategic decisions based on assumptions about jurisdiction that later prove incorrect.
3. What Factors Will A Court Consider?
Every case is unique, but certain themes appear repeatedly.
Courts generally want to understand:
- Why the move is occurring.
- Whether the move benefits the children.
- How parenting time will be preserved.
- Whether the relocating parent has acted reasonably.
- Whether meaningful contact with both parents can continue.
The question is rarely whether a move is good or bad.
The question is whether the move can occur while preserving the children’s relationship with both parents.
That distinction often matters.
4. What Mistakes Create Problems In Relocation Cases?
The most common mistakes are usually made before anyone enters a courtroom.
Parents often assume:
- Notice can wait.
- Agreements can remain informal.
- Jurisdiction is obvious.
- The other parent will eventually understand.
Sometimes those assumptions prove correct.
Often they do not.
The difficulty is that once a position hardens, options begin disappearing.
A recurring theme in family law is that early decisions tend to shape later outcomes.
The objective is not merely to solve today’s problem. It is to preserve tomorrow’s options.
5. When Should I Speak With An Attorney?
Usually earlier than people think.
The purpose of an early consultation is not necessarily litigation.
More often, it is understanding the terrain.
Relocation cases frequently involve multiple states, multiple courts, and competing narratives regarding what is best for the children.
Understanding which facts matter, which assumptions may be dangerous, and which decisions should be postponed can save substantial time, expense, and frustration.
Every case is different. The earlier a parent understands the legal landscape, the more options generally remain available.
