A child custody relocation matter can be an issue with many complications. Relocation is a matter in which one parent wants to move with the children a significant distance away from the other parent. A parent desiring to move out of state or at least 150 miles away must provide at least 60-days’ written notice to the other parent. The parent must submit this notice by certified mail with a copy sent to the court. Failure to satisfy these requirements may result in a court order that temporarily prevents the relocation. Objection from the other parent may also result in a similar court order.
Relocations of a smaller distance but which would affect the current placement schedule are a little different. The moving parent should proactively seek a modification of the placement schedule. Under either scenario, the court may refer the parents to mediation or appoint a Guardian ad Litem. These options serve to assist in determining whether the move is in the children’s best interests. They can also help determine what an appropriate placement schedule would be under the circumstances.
Given the strict deadlines and requirements involved, it is imperative to contact an attorney immediately regarding a child custody relocation matter. This is true whether you need to relocate or wish to prevent a relocation.