If a parent wants to move, whether it is across the street or across the country, they are required to file a notice of intent. This requirement applies to custodial and non-custodial parents. The notice of intent to move must be filed and provided to the non-relocating parent 90 days prior to the proposed relocation date. Within 60 days after receipt of the notice, the non-relocating parent may object by filing a motion to modify custody. If the non-relocating parent takes no action, the relocating parent may move to the new residence.
If the non-relocating parent files a motion to prevent relocation, the relocating parent must first prove that the proposed relocation is made “in good faith and for a legitimate reason.” If this burden is established, the non-relocating parent must show that the proposed relocation is not in the child’s best interest.
In considering a proposed relocation, the court must weigh the following factors:
After a full evidentiary hearing, the court will either grant or deny the relocation. In relocation cases the court must be provided with specific facts regarding the moving plans and how the child would benefit and or suffer from such a change in residence.
Relocation cases are emotional and require detailed planning to ensure that the child’s best interests are protected. With so much at stake, you owe it to yourself and your child to put your case in the hands of only the most skilled family lawyers in your area. If you are seeking an attorney to assist with your child visitation case, contact Joshua R. Hains at Hains Law, LLC.