A parent who desires to relocate out of state with a child or move more than 50 miles from their residence named in the parenting agreement, is not going to do so easily.  The other parent’s time-sharing will be substantially altered in the first instance or the existing schedule rendered impractical in the second one.  Without a written agreement between the parents, court permission will be necessary before relocating.

The relocating parent must deliver a “Notice of Intent to Relocate” to the other parent which must contain, among many other things, specific information including a detailed statement of the reasons for the move.  If one of the reasons is based upon a written job offer, the offer must be attached to the Notice of Intent.  A post-relocation time-sharing schedule must be included as well as a proposal for the transportation necessary to meet the revised time-sharing plan.

The non-relocating parent has 30 days to serve a written objection or lose the right to oppose the move.  The objection must include factual details for disallowing the move and set forth the amount of time-sharing and participation the party has had in the child’s life.  While there is no presumption of law arising in favor of or opposed to a request to relocate, the court can hold a hearing and enter a temporary order allowing it.  Whether a temporary order is entered in favor of one party or the other, the matter will then move on for hearing at a non-jury trial.

The legislature’s revised statutes regulating shared parenting and the courts’ resolve to bring greater order and stability to the children’s lives, make it imperative that parents of divorce seek experienced representation and, above all, avoid acting unilaterally in all parent-child disagreements.