Once the Court has entered a custody order in a prior divorce or other custody action, neither party can relocate with the minor child without notifying the other parent at least 60 days in advance of the relocation.
The written notice must be sent via certified mail and must include the following information:
- The intended new residence with the specific address and mailing address. If the address is not known, the city the parent intends to relocate to;
- The home telephone number of the new residence, if known;
- Statement of specific reasons for the proposed relocation of the child; and
- A proposal for a revised custody schedule or visitation with the child.
After written notice is provided, the non-relocating parent may file a motion to prevent the relocation within 30 days after receiving notice. The motion to prevent relocation must set forth specific facts why it’s not in the best interests of the minor child to relocate. The parent seeking to relocate then has 14 days to file a response to the motion.
Once a parent objects to an intended relocation, the party intending to move cannot relocate until the Court has made a decision or the parties have reached an agreement. At trial, the party seeking to relocate the minor child has the burden to prove the proposed relocation is in good faith and is in the best interests of the minor child.
If you are thinking about relocating or have been notified that your ex is seeking to relocate with your child, contact an experienced family law attorney with our firm to discuss your options.