When to file for Relocation
Relocation is appropriate when a parent wants to move “ with a child” from their principal place of residence as established by a court order, time sharing agreement and/or parenting plan for more than 50 miles from that principal place of residence and the move will be for a period of more than 60 days.
Relocation by agreement
The easiest and most cost effective way to obtain a relocation is by agreement. If the parents and or any person entitled to time sharing agree to the relocation of the child, they may sign an agreement that: reflects the consent to the relocation, provides a time sharing schedule for the nonrelocating parent or any other person entitled to timesharing, and describes any transportation agreements related to the new timesharing. If the non relocating party agrees, the parties will enter into a new time sharing agreement, and it will most likely be approved by the Court.
Relocation, when NOT by agreement
When the parties cannot agree to relocation, the petitioning party must serve the non relocating party with a Petition for Relocation, and the non relocating party has 20 days to respond. If the non relocating party fails to respond, the court will most likely allow the relocation to occur. If the non relocating party responds and objects, the court will hear evidence on the Statutory factors in order to determine whether to allow the relocation based on the best interest of the Child:
The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
The impact the relocation will have on the child’s physical, educational, and emotional development.
The feasibility of preserving the relationship between the nonrelocating parent.
Child’s preference based on child’s maturity.
The reasons each parent or other person is seeking or opposing the relocation.
The current employment and economic circumstances of each parent.
The Court must approve the relocation in order to allow the petitioning party to move with the child. The Court may also modify child support to reflect the new time sharing agreement if the court allows the relocation.
Before you go to court for a relocation proceeding, it is best to contact a qualified family law attorney who can represent your best interests. Contact Jeannette Watkin, Esq., to represent you in your relocation proceedings. Call JWatkin Law. P.A., for a confidential consultation at (786) 272-6360, or contact us online.