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Can I Relocate Even If The Other Parent Objects?

On Behalf of | Jun 8, 2022 | Child Custody

When pursuing a new job or going back to school, parents who share custody may need to relocate for these new opportunities. If they wish to relocate with their child a distance more than 50 miles or a distance that would make it difficult for the other parent to fulfill their custody obligations, they may need to pursue the court-approved relocation or “move-away” process. Our relocation attorneys share what may happen if the non-moving parent objects to the proposed relocation.

Written Notification of Relocation

When beginning the relocation process, the moving parent must share news regarding the proposed relocation with the non-moving parent in a written notice at least 45 days before the planned move. In the notice, the non-moving parent will be provided with information regarding the move and why relocation is in the child’s best interests.

Information often included in a relocation notice includes:

  • Where the proposed relocation is to,
  • The address where the child will live,
  • Why the relocation is being proposed,
  • Why the relocation is in the child’s best interests,
  • How child custody can be modified to reflect the relocation, and
  • Any other information the moving parent deems necessary to share.

An experienced relocation attorney can help you create a strong case for relocation with your children and prepare for the big move.

Objection to Relocation

While the non-moving parent can approve the relocation and allow their child to move with their other parent, they also have the right to object to the relocation if they believe it is not in the child’s best interests.

With the help of a child custody attorney, the non-moving parent can file an objection to the proposed relocation. The non-moving parent will then need to create a case proving why this relocation would not be in the child’s best interests and why the relocation should be denied with the assistance of their child custody attorney. Their attorney can help them review their current custody agreement and propose a custody modification to help reflect the child’s best interests instead of the proposed relocation.

The Court-Approved Relocation Process

After the initial notice is served and the objection is filed, there will need to be a court hearing where both parents present their cases to the judge. The judge will hear both parties’ arguments and review the submitted case documents. With this information, they will make a decision regarding the child’s relocation ability and any changes that may need to be made to the current custody agreement.

If the court approves the proposed relocation, the child will be able to move with their parent, despite the opposing parent’s objection. A child custody modification must be made and can be done at the same hearing in which the judge grants their decision if prepared or can be done separately.

However, if the court denies the relocation because the relocation would not be in the child’s best interests, the moving parent will be unable to relocate with the child. The proposed relocation will need to be canceled unless the moving parent wishes to move without the child. If necessary, a child custody modification can be made as well to reflect what would be in the child’s best interests following the denied relocation request.

We Are Ready To Help You

At Gill Law Group, PC, our child custody and relocation attorneys are prepared to help you advocate for your family’s best interests. Whether that be through a “move-away” or through objecting to a proposed relocation, we can help you as you fight for your child’s safety and security.

Did you receive a notice of relocation? Schedule a complimentary consultation with our child custody and relocation attorneys to learn more about how we can help you as your child’s other parent plans to move. We are waiting for your call: 949-868-5268