The Map is Breaking: When One Parent Moves Away
Imagine a map of your child's life. There is a pin for Mom's house, a pin for Dad's house, and a pin for the school right in the middle. The lines connecting them are short and easy. This geometry is what makes shared custody possible. But now, imagine one parent picks up their pin and moves it to Texas. Suddenly, the lines stretch until they snap. Jos Family Law invites you to visualize the collapse of the 50/50 schedule. When distance enters the equation, the equal-time model physically fails, and the court is forced to redraw the map entirely.
When we ask What is 50 50 custody in the context of a move-away case, we are looking at a logistical impossibility. You cannot split the school week between San Diego and Phoenix. The court must make a binary choice: the child either moves with the relocating parent or stays behind with the non-moving parent. This is one of the most gut-wrenching decisions a judge has to make. They look at the "LaMusga factors," a legal checklist that visualizes the child's stability. They picture the child's bond with each parent, their ties to the community, and the reason for the move.
Visualize the new calendar. The "2-2-3" rotation vanishes. It is replaced by a "school year/summer" split. One parent becomes the primary custodian during the academic year, managing the daily grind of homework and flutes practice. The other parent becomes the "holiday parent," hosting the child for long blocks during summer and winter breaks. It changes the texture of the relationship from a daily narrative to an episodic adventure. The child goes from having two homes to having a "real life" and a "vacation life," which fundamentally alters the parenting dynamic.
The burden of proof acts like a heavy weight. If the moving parent has primary custody, they have a presumptive right to move. But if the parents have a true 50/50 arrangement, the court treats the move as a brand new custody determination. The judge effectively puts the child in the center of the room and asks, "Which home offers the better future?" This visualizes the instability for the child, who suddenly faces losing daily contact with one of their two anchors.
This isn't just a change of address; it's a dismantling of the child's world. You need a legal architect to help you present the best possible blueprint for your child's future location.
To visualize your options in a relocation case, contact Jos Family Law. https://josfamilylaw.com/