Q: How long is the process to petition the court to move out of state if I have joint custody?
I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.
Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins by you giving written notice to Father and to the court of your intent to move.
If the issue of relocation arises in the context of a dispute over the parenting plan, the question for the court is whether the relocation is in the best interests of the child.
In determining the best interests and welfare of the child, the court considers the following relevant factors:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
( c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Relocation cases can be difficult and I encourage you to contact an attorney in your area to discuss your rights and options.
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