Moving, or Relocation is hard enough when a couple is married. It is that much harder when they are separated or divorced.
So what does a parent have to do if they want to move?
“Relocation” refers to a change in the primary residence of a parent (or anyone with parental rights) who wants to move more than 50 miles away for at least 60 consecutive days.
Relocation does not include a temporary absence for a vacation, education, or health care for a child.
INITIAL STEPS IN THE RELOCATION PROCESS
The relocation process can take place in one of two ways:
- If the parents agree, they must prepare a written agreement between the parties which confirms consent to the relocation.
- The agreement must set out the time-sharing schedule for the non-relocating parent.
- The agreement must deal with transportation arrangements.
- If the prior time-sharing plan was established by the Court, the parties must have the new, agreed to, time-sharing plan approved by the Court.
- If there the parents cannot come to an agreement, the parent who wants to relocate will have to file a petition, under oath, with the court. He/she must include:
- The address of the intended new residence
- The new landline phone number
- Date of intended relocation
- A detailed description of the specific reason for the proposed relocation.
- If the reason for the relocation is to accept a job offer, the offer must be attached to the petition.
- The parent seeking to relocate will have to prove that relocation is in the best interests of the child.
- A proposed post-relocation time-sharing plan.
NEXT STEPS IN THE RELOCATION PROCESS:
The non-relocating parent will be served with a petition. If he/she does not file an objection, the Court will generally approve the relocation.
If the other parent objects to the move, he/she must:
- File a petition under oath
- Include the reasons for the objection.
- The objection has to indicate the amount of participation and involvement they have with the child.
The Court will consider multiple factors:
- The existing relationship between the child and the non-relocating parent
- The effect that the relocation will have on the child
- Whether the nonrelocating parent and siblings can maintain a meaningful relationship with the relocated child
- The child’s preference (considering the child’s age and maturity)
- Whether the child’s quality of life will be improved by the move. The court will consider the employment and economic circumstances of the parents, special needs of the child, and any other factor that is deemed relevant.
Moving away without an agreement or a petition granted by the Court will subject the relocating party to an Order of Contempt and sanctions. And, the Court will order the child to be returned. It is always better for all concerned, especially the children, to play by the rules.
WHY CHOOSE HOFFMAN, LARIN & AGNETTI AS YOUR FAMILY LAW ATTORNEYS?
Listen to what a client has to say:
Dan Kent and Martin Hoffman are both incredible lawyers. I originally had a custody case and Mr. Hoffman was representing me and my son. Life took a turn and I needed a lawyer to represent me on a domestic violence case, and Mr. Kent did so. I am beyond satisfied with the work from both attorneys. They both provided me with any information I needed, and always answered me and any questions I had super quickly. They did exactly what was needed for my cases to be over, with the outcome we wanted. I will forever keep this law firm in my contacts for anything legal I may need in the future. I would not recommend any other firm, this firm will give you the attention your case needs.
I will forever be thankful to this firm for helping me keep my son safe! Yenisbel H. 2022
Call our offices ar 305-653-5555 for your FREE consultation.