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?
A:
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.
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