Q: If mother has sole physical and legal custody, and father has visitation, can she move across town ~25 miles?
Mother wants to get a new job and relocate to a better school district, once divorce is finalized. Can the father prevent that if he does not have physical and legal custody, but only supervised visitation. Does the court take a better school district into consideration?
If a parent wishes to relocate, the non-relocating parent is required to file a notice of intent to relocate with the court and serve the notice on the non-relocating parent. This applies to both the custodial and non-custodial parent. The requirement to file this notice applies to ALL relocations no matter the distance moved.
If the non-relocating parent objects to the relocation they may file their objection with the court. The relocating parent has the burden of proving that the relocation is being done in good faith and for legitimate purpose. If the relocating parent meets this burden, then the non-relocating parent has burden of showing that the relocation is not the child's best interest. Relocation cases are vey fact sensitive. If you wish to object to a relocation, you should consult an attorney to evaluate your case. There are also time limits for filing an objection or you will waive your right to do so.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.