Relocation of Child by Parent

Relocation of child by parent for more than ninety days, required notice and procedure

In our increasingly mobile society, both short and long distance moves have become a fact of life. As a parent, you have the ability to move wherever you’d like. However, when children and pre-existing custody and visitation agreements exist, you must follow a precise procedure for notifying the other parent.

What follows is a brief review of the requirements of the law – both for notification of and objection to a proposed move. We have prepared this basic review for your convenience and for general informative purposes only, not as a source of legal advice for your specific case. This can be a very difficult and emotional issue, and as each case varies, we recommend that you seek the assistance of an experienced family law attorney.

Primary Custodial Parent Seeking Relocation

According to the law, relocation means “a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.” If relocation plans are on the horizon for you and your family, and you are the primary custodial parent, you must notify all parties with custody and visitation rights:

In writing
At least 60 days in advance of the anticipated move
Via certified mail, return receipt requested
Include the new address and phone number (If this information is not known at the time of notification, you must provide, at minimum, the new city . More detailed information must be provided to the other parties as soon as it is available.)
Indicate the date you’ll be moving
Provide the reasons why you wish to move. (The parent seeking the relocation holds the burden of proving why it’s in the best interests of the child(ren) to proceed with the move.)
Propose a revised visitation and custody schedule if your move would alter or hinder other parties from enjoying existing court ordered custody of or visitation with the child(ren)

The court does, however, recognize that cases may exist where the health or safety of the parent or child may be in danger if certain pieces of information required in the notification are made known to the other parent. Each case is unique, and rulings are made on an individual basis.

Although third parties with visitation rights must be notified of proposed relocation, they may not object - the other parent is the only party who holds this right.

If you fail to report a proposed relocation, the court may order the return of the child and modification of custody and visitation may occur. You may also have to pay the court and attorney fees of the other parent.

Secondary Custodial Parent Receiving Notification of Relocation

As a parent with custody and/or visitation rights, the law allows you a voice in matters of relocation of your child(ren). Once you are notified of a proposed relocation, you have two options:

Agree to the relocation. The child(ren) may then move within 60 days of the original notice. You can ask the court to make any new custody or visitation schedule part of a court order.

Object to the relocation. Objections must be made in writing within 30 days of receiving the notice, and must be in the form of a motion seeking an order from the court preventing the relocation. There are very specific requirements for this motion and other papers that must be filed with it. You must provide factual information on why you object to the relocation. The primary parent must respond to your objection within 14 days, providing counter facts supporting the relocation.

Once an Agreement Is Reached

Once it has been decided that the relocation will occur, all parties – including both parents and third parties with visitation – may submit and sign a revised visitation and custody schedule, as well as a revised parenting plan, to the court. The court will then order visitation, custody, and phone contact with the other parties to ensure the healthy continuation of their relationships. The court will also order how transportation costs for visitation will be divided between the two parties.

If no agreement is reached - if the parties are unable to agree on the change of residence of the child, the custody and visitation schedule if the relocation is permitted, and / or how the costs of transportation will be allocated - the issue(s) may be presented to the court and a decision made by the judge after a trial.

A party who objects to the relocation in good faith can not be ordered to pay the attorney’s fees and costs of the party seeking to relocate the child, whether or not the move is permitted.

This article has been prepared for informational purposes only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Readers are encouraged to seek counsel for advice regarding their individual legal issues.

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