I am planning on relocating with my child. What are my options?

Relocating with your child without the other parents’ permission or through approval by the court can, and will likely, bring with it stiff penalties which include contempt of court, and other ramifications for not following the proper legal procedures required.

In the event that both parents agree, then relocation is rather simple.  Both parents must sign a written agreement that shows that the noncustodial parent consents to the move.  If there are other parties who have visitation rights, i.e. grandparents, then they must also agree to the relocation.  The agreement must set forth a new time sharing schedule for the noncustodial parent and any other person with visitation rights and any transportation arrangements that are related to the times haring plan.

When there is a disagreement among the parents, the custodial parent must then file a petition with the court asking for approval of the relocation.  Notice of the petition must also be given to the other parent.  The petition must include the reasons for the move, the contact information of the proposed new residence, the date of the intended move, proposed revisions of the time sharing schedule and any transportation arrangements, and notice to the other parent informing him/her on how to object to the petition and the consequences for not objecting.

If the noncustodial parent does not respond to the petition, the court will presume that the move is in the best interest of the child.  If the noncustodial parent does respond, the court will hold a hearing to determine if relocation is in the best interest of the child.  At the hearing the court will consider:

• The child’s relationship with both parents, siblings, half-siblings, other family members, and other important people in the child’s life
• The impact that the relocation is likely to have on the child’s physical, educational, and emotional development, taking into account the child’s age and any special needs
• Whether the child’s relationship with the non-relocating parent can be preserved through alternate visitation arrangements
• The child’s preference
• Whether the move will increase the quality of life for both the parent and the child
• The reasons for seeking and opposing the relocation
• Whether the move will improve the economic circumstances of the relocating parent
• Whether the move is proposed in good faith and whether the objecting parent has met his or her parental obligations
• The career opportunities available to the objecting parent if the relocation occurs
• Any history of domestic violence