When a parent considers moving out of the area with the children for a career opportunity, relationship or simply a new beginning, there is an impact on the other parent’s rights under the child timesharing agreement approved by the court. It is considered relocation if the move is at least 50 miles from the residence in the last order addressing custodial issues and for a period of at least sixty (60) consecutive days, and therefore will require court approval by either:
- The parents agreeing to the move and drafting a new parenting plan for the court to approve in accordance with the relocation statute.
- The moving parent filing a petition with the court and attending a temporary hearing and/or trial. The other parent must respond to the petition within 20 to state the reasons he/she objects to the move. The parent filing the petition will have the burden to prove that the relocation is in the best interest of the child. If the court approves the relocation, the existing parenting plan may be modified by the court to ensure the other parent still maintains a strong relationship with the child.
Our experienced child custody attorneys will provide the guidance needed to plan out a move properly to improve your chances of having your change request approved.
Alternatively, if your ex-spouse is planning to move your child, our litigation attorneys will file the appropriate objections to the move or negotiate new custody terms to ensure you maintain your cherished relationship with your child.
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