How Does a Long-Distance Divorce Affect Custody?

You may have to make the tough yet necessary decision to move out of the state of Tennessee before your divorce case is even finalized. We do not fault you for doing this, as we know that it is likely in your and your child’s best interests. However, this may seriously impact the way the Tennesse family court will settle your child custody schedule, and subsequently your child support obligation. With that being said, please follow along to find out how a long-distance divorce may affect your child custody arrangement and how one of the proficient Clarksville child custody lawyers at Fendley and Birch can help you negotiate a fair setup.

How does a long-distance divorce affect child custody?

If you move out of the state of Tennessee, the family court may grant you scheduled visitation over your child, at most. In turn, they may give your soon-to-be former spouse primary custody rights.

The court may want nothing more than for you to maintain a meaningful relationship with your child. But at the same time, they may not want to uproot them for the life they have already established and grown accustomed to in Tennessee. That is, they may already feel settled at their school, in their extracurricular activities, and with their friends and relatives who live nearby.

Therefore, 50/50 joint physical custody rights over your child may not be sustainable. Instead, the court may make its best efforts toward coordinating scheduled visits during your child’s school breaks, especially during their extended summer break. This may be along with weekend visits and holiday visits sprinkled throughout the year.

How does a long-distance divorce affect child support?

Having your child travel out of state for their scheduled visitations with you may come with significant travel expenses. For example, you may need to consider the cost of airfare if your child needs to travel via airplane to visit you. These ticket prices may fluctuate greatly depending on the time of year, especially if they primarily travel to you for weekends and holidays.

What’s more, if your child is still of a very minor age, they may require an adult supervisor for safety and comfort during their travel. This may require their other parent to travel with them, doubling the cost. Or, they may have to pay an unaccompanied minor service charge that is tacked onto their ticket.

In turn, your established child custody arrangement may directly affect your child support order. As an example, the court may find that the custodial parent has more financial resources to pay for these travel expenses. At the same time, they may find that the noncustodial parent is carrying this financial burden solely because the child’s traveling is to benefit them. With this, the court may lessen the noncustodial parent’s child support amount to make both parent’s financial obligations toward their shared child more equal.

There is no sense delaying your divorce proceedings if you know parting ways with your spouse is in your best interest. So please get in touch with one of the talented Clarksville family lawyers from Fendley and Birch today.