Can it be stipulated that the custodial parent not move away from the non-custodial parent after the divorce?
You need to consult a domestic litigation attorney in your jurisdiction as custody and support guidelines vary from state to state. Cordell & Cordell has attorneys licensed and located in Tennessee who would be happy to help.
Generally the parties can enter into a stipulation that prohibits the custodial parent from moving a certain distance away from the non-custodial parent. In addition, most states have laws which require the custodial parent to provide the other parent with a notice of intent to move when he or she intends to move more than a certain number of miles away (dictated by the statute). If you object to the move, the Court would then review the custody and placement arrangements to determine whether or not the move is in the child’s best interest.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.