Relocation Requirements
Relocating with a child in the context of a family law case is a sensitive legal matter that often requires court involvement, especially when the move could disrupt an existing custody or visitation arrangement. The parent who wishes to relocate must generally provide formal written notice to the other parent within a specific timeframe, which varies by state. This notice typically includes details such as the proposed new address, the reason for the move, and a proposed revised parenting plan.
If the non-relocating parent objects to the move, they may file a formal objection with the court, prompting a hearing to determine whether the relocation should be permitted. In making this decision, the court prioritizes the best interests of the child. Relevant factors may include the reason for the relocation (such as employment, education, or family support), the potential benefit or harm to the child, the impact on the child’s relationship with both parents, and the feasibility of preserving parenting time through revised arrangements.
Courts may approve a relocation if it is shown to support the child’s stability, emotional well-being, or access to resources. However, relocations that appear to interfere with the other parent’s relationship or parenting time are often closely scrutinized. Because relocation laws differ significantly by jurisdiction, it is important for parents to understand their state’s specific legal requirements and procedures before attempting to move with a child.
What to Do if You Have Received a Certified Letter?
If you have received a letter like this from your child’s other parent, you have only a limited time to object. This generally requires you to file a formal objection with the court, which prevents the parent from moving unless the judge holds a hearing on the matter. Failure to do so may mean that you have waived your right to object to the move.
At Stange Law Firm, PC, we represent parents in matters of relocation. Our attorneys can draft documents, file motions and represent clients at hearings. As lawyers who focus solely on family law, we know how the law may affect parents. When parents are concerned about the cost of fighting relocation, we often remind them that the law prevents parents from being penalized and ordered to pay attorney’s fees if they file a timely objection in good faith.
If your child’s parent has moved without permission, you may be able to get an emergency pick-up order to have the child brought back. Talk with our attorneys about your options.
Contact Our Multi-State Child Custody Attorneys
Because the requirements to move with a child are very specific by state, it is vital to meet with an attorney who is licensed in your jurisdiction as soon as possible versus just moving and not abiding by the requirements. At the same time, if you wish to object to the other parent moving, you do not want to miss a deadline. Thus, it is vital to meet with an attorney right away.
To learn more about the law on relocation, contact us online or by phone to schedule a consultation at any of our convenient locations.
