Once a paternity or divorce proceeding with children is filed, both parties may not move more than 50 miles from their current residences without consent or order of the court. The 50 miles is measured as the crow flies (a straight line from point A to point B).
If a relocation of the principal residence of a parent or other person from his or her principal place of residence is requested, it may be mutually agreed upon by both parties, essentially making the hearing a formality. If the requested relocation is contested by either parent, an evidentiary hearing will typically be set.
Whether you are the parent seeking a relocation or the party contesting the relocation, there are specific time periods for the written request and the contested response.
Relocation requests and subsequent proceedings may be significantly more complex if a relocation request involves either party moving out of state.
A petition for relocation may often affect the current parenting plan, and may be subject for consideration for a modification of the standing court order.
It is important to note that the court will always first consider what it perceives as what is in the best interest of the child.
If you are considering a move outside of 50 miles from your current residence on file with the court, or want to contest a proposed relocation, contact our office today. Knowing your legal rights and options available to you may make a significant impact on achieving a positive resolution.