Relocation of Parents

In the event you are looking to relocate, meaning changing the location of your principal place of residence that is at least 50 miles away and for at least 60 consecutive days, it is important to get a written agreement between the parents and to give notice to the court.

If the parents agree that relocation is in the best interest of the child, the agreement needs to be in writing. The agreement needs to reflect the consent for the relocation, defines the new timesharing schedule with the child and the transportation arrangements. It is best to have the agreement reviewed and approved by the court.

Where the parents do not agree on the potential relocation, each party has the burden of submitting evidence to the court making their case. The moving parent will need to file a petition seeking permission to relocate and, if necessary, permission to bring the child along. The other parent will have 20 days to file a response (it’s important that he or she does so, since the court can grant the petition without a hearing if no response is filed). Assuming that the non-moving parent files a response, the court will hold a hearing to determine if the move is in the child’s best interests. Even if the child isn’t moving too, the court will still consider his or her best interests, and may adjust the time-sharing schedule accordingly.