If you have primary or equal custody of your child and you plan to move – and bring the child with you – you must notify the child’s other parent. The law provides for how and when notice must be given, and what must be included in the notice. You must give notice at least 60 days before you intend to move. Failure to give notice may be a factor in whether the move is allowed. The parent that fails to give notice may be ordered to pay the other parent’s expenses and attorney fees in objecting to the relocation.
A parent who relocates the child without giving notice risks the court modifying custody of the child.
If the child’s other parent does not give written consent to the move, then the court will hold a hearing to determine whether it allows the child to move. In making its determination, the court may appoint an independent mental health expert to determine whether the proposed relocation is in the best interest of the child.
A parent is subject to sanctions and penalties if the court determines that a proposal to relocate the child is based on harassing the other parent or on causing unnecessary delay or needless increase in the cost of litigation.
We advise you to speak to an attorney about these issues and about issues you may not have considered. Click here to learn more about attorneys practicing family law within the Stockwell Sievert law firm.