Q: How to pursue relocation if I am the custodial parent of 2 boys?
Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support, along with being able to participate in extracurricular activities. The ages of the children are 12 and 10. They both would like to continue to reside with me and are okay with moving.
The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.
The notice must meet specific requirements and be provided by certified registered mail no later than 60-days before the date of the proposed move. The other parent has 30-days after receiving the notice to file a Petition in Opposition to Move with the court. If no objection is filed with the court within the 30-days, the parent may move with the children.
The written notice must include:
A statement of intent to move.
The location of the proposed new residence.
The reasons for the proposed move.
A statement that the other parent may file a Petition in Opposition to Move within 30-days of receipt of the notice.
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.