Relocations
Relocation:
Relocation refers to a situation in which one parent wishes to move a significant distance away from the other parent with the child. This can have a major impact on the parenting plan and custody arrangements, and as such, there are specific legal requirements that must be met in order to legally relocate with a child. If a parent is seeking relocation, a parent who wishes to relocate must provide notice to the other parent and seek court approval before doing so. This requires filing a petition with the court and providing evidence that the proposed move is in the best interests of the child.
What role does the court play:
The court will review the petition and consider a variety of factors, including the reasons for the move, the impact on the child’s relationships with each parent, the ability of each parent to maintain a relationship with the child, and the child’s preference (if the child is of sufficient age and maturity to express a preference).
If the court approves the relocation, the parenting plan and custody arrangements will need to be modified to reflect the new circumstances. This may include changes to visitation schedules, transportation arrangements, and other factors.
As your family law attorney, our role is to help you navigate the legal requirements for relocation and advocate for your best interests and those of your child(ren).
Commonly Asked Questions
If the court approves the relocation, the parenting plan and custody arrangments will likely need to be modified to reflect the new circumstances.
If the court denies the relocation, the parent will need to either remain in the current location or seek a modification of the parenting plan and custody arrangements that allows for more flexibility.
The duration of the process depends on the complexity of hte case and the court’s schedule, but it can take several moths or longer to reach a final decision.
Warning: Relocations can change your parenting plan and/or child custody entirely. Whether you are the parent asking for the relocation or the parent objecting to the relocation please be mindful that there are very important timelines and response times in your case. Relocations can be quite complex. We are well versed in this area of the law and are here to help.