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When should you file and what is needed?

Relocation occurs when one of the parties (usually the party that has majority parenting time) decides or must move more than 25 miles away from their original location. The party must file their intention to move with the Court no less than 60 days prior to move to receive approval. It is important to note that if a court case has started a party must file a Relocation with the Court. 

When filing for relocation one must have a general idea of the city they will move to (ideally the exact address or neighborhood), the date of the move, the reason they intend to move, and a draft amended parenting plan in contemplation of the move.

When the Court deliberates if the move should occur, they use what is known as the best interest of the minor child. This means that the Court looks at several factors to determine what would help the minor child thrive. 

What are the Best Interest Factors?

Some of the most common factors considered include:

  • The other parties objection to the move, if any.
  • The relationship and history of each party’s relationship with the minor child, including parenting time.
  • The educational opportunities for the minor child.
  • The presences of extended family in the new location.
  • The reasonableness of the allocation for parental responsibilities. 
  • The impact of the relationship of the nonmoving party and the minor child.
  • And the wishes of the minor child depending on their age. 

Once the Court is presented both parties arguments, if any, the Court will make a decision as to whether the move will occur. 

Have questions about relocating with your child?

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