Moving residences can present issues for any custody order or visitation schedule, and this is one reason parents are required to provide advance notice to their exes of any planned moves. The exact timeframes vary by order, but many provide for at least a 30 days’ notice. This is to allow the other party enough time to retain counsel and make any filings to petition the courts for a custody or visitation schedule change.
However, it’s also important for parents involved in custody orders to consult an attorney before planning any moves to make sure they are aware of any possible repercussions. This is true for moves across town, out of state or out of the country. The ongoing custody dispute playing out between actress Kelly Rutherford and her ex-husband now living in Monaco highlights what can happen when one party moves.
The two parties involved in this particular case have been arguing over whether the state courts who oversaw the original custody order or the Monaco courts should have jurisdiction. While Rutherford maintains that the state courts should have jurisdiction, her ex-husband’s lawyer has presented evidence that shows that Rutherford no longer owns a home in the state and was only there for seven days out of the last year.
If the courts agree that Rutherford has changed her primary state of residence, it may mean that the Monaco courts gain jurisdiction of the custody dispute. While what will happen in this case remains to be seen, it serves as a good example of how something as small as a move can have a serious effect on custody issues later on.
Source: ABC 7, “Actress Kelly Rutherford’s custody battle focuses on court jurisdiction,” Miriam Hernandez, July 10, 2015