If a parent chooses to relocate for more than 90 days, he or she has certain obligations to fulfill with respect to the other parent and the court.
Notice must be given to any person with custody or visitation rights 60 days in advance via certified mail, return receipt requested. The notice must include:
• The intended new address, home and mailing address (if known), and city
• Home telephone number (if known)
• Intended date of relocation
• A brief statement of the purpose of relocation of the child, if applicable
• A proposal for a revised schedule of custody or visitation, if applicable
The relocating parent has a duty to inform others with custody or visitation rights of unknown information or changes of information as it becomes available. Information must be provided unless the court has deemed the child's safety or wellbeing to be at risk by disclosing the information.
The court considers failure to give notice a basis for the modification of custody and visitation, ordering the return of the child, or cause to order the relocating parent to pay expenses and fees related to the objection of the relocation.
If you feel your co-parent's relocation is not in the best interest of your child, you may file a motion seeking an order to prevent the relocation within 30 days of receiving notification of his or her intent to relocate.
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Whether you are relocating or seeking to prevent relocation, it is imperative to have experienced legal council to ensure you take the proper steps to protect your child's well being. At HSSO we will thoroughly examine your parenting situation and utilize our years of experience to help you maintain a close and meaningful relationship with your child.
