One of the most challenging issues for families to face in a divorce and/or custody action is where one party wants to relocate with the minor chil-dren to another city or state. Relocation cases are often highly contentious, emotional, and costly for all parties involved.
The law defines a “relocation” as a move of 50 miles or more by one of the parents, starting from the place where the parent lived when the last parenting plan was entered by the court.
The process starts with one party either requesting the other parent’s permission to relocate with the minor child or by the filing of a petition for relocation. If the parties agree to the relocation, they must prepare and execute a written agreement that includes the following: (1) the consent to relocation, (2) a time-sharing schedule for the non-relocating parent, and (3) the necessary transportation arrangements related to the time-sharing schedule. That written agreement would then be submitted to the court and a final judgment would be entered adopting the relocation agreement.
However, as so often occurs, if the parties cannot agree to the relocation, then a petition would be filed. There are certain procedural requirements that are essential in a Petition for Relocation. These requirements are strictly enforced, so you may find it helpful to seek assistance from a licensed and experienced family law attorney who can navigate this process for you. Once the matter is submitted to the judge, the judge will of factors, including the following:
• nature, quality, and extent of involvement between the children and the non-relocating parent;
• child’s age and developmental stage;
• feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements, taking into account the distance, logistics, and financial resources of the parties;
• child’s preference (if appropriate);
• whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child;
• reasons each parent or other person is seeking or opposing the relocation;
• current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child;
• the relocation is sought in good faith;
• career and other opportunities available to the objecting parent in the proposed relocation location;
• history of substance abuse or domestic violence by either parent; and
• any other factor affecting the best interest of the child.
The judge will have to weigh all of these factors and determine what is best for the children and a long-distance parenting plan will be entered. The long-distance parenting plan will describe in detail what the time-sharing schedule is, how the children will be transported, and how the transportation costs will be divided. Transportation costs are child rearing costs and like other child rearing costs, they typically are shared equally or proportionate to the parent’s child support percentages. If the petition is denied, then the parent will not be able to relocate with the children. The denial does not, however, prevent the parent from moving, just not with the children.
Many family law attorneys will advise their clients that where the parties are sharing time with the children and both parents are actively involved in the children’s everyday lives, it is very difficult to convince a judge that it is in the children’s best interests to relocate. An experienced family law attorney can assist in navigating this very difficult and emotional process.