When Does A Parent Require The Court’s Permission To Relocate With A Child?
If a party intends to move outside a 50-mile radius of their current residence, the parties can first enter into a written agreement. If they can’t agree, then the party trying to move with the minor child must file a petition for relocation. The petition for relocation is very specific as to the allegations and required language that must be in the Petition. If you fail to properly file the Petition, it can be subject to dismissal. More importantly, you need to show it’s in the best interest of the child to relocate, not that it’s better for the parent.
After you file the relocation petition, you are able to get an expedited hearing to determine whether or not you can proceed with your relocation. If the courts made a determination that you can move, it’s awarded on a temporary basis. You may have to come back for a final hearing unless the parties agree otherwise.
If The Relocation Is Approved, How Does It Impact Transportation Costs And Parenting Time?
The court will enter a time-sharing plan between the parties and the minor children. If the parties are close enough, the court may order that one person effectuate the drop off and pickups or they may order the parties to meet in the middle. The Courts will make a decision based on the circumstances of each individual family. However, it’s important to note that if someone has to spend an exorbitant amount for a travel in order to have their time sharing, they can modify their child support and ask for a deviation to offset the cost of travel.
How Are issues Pertaining To Children Decided When Parents Reside In Separate States? Who Has Jurisdiction In These Matters?
The Courts will obtain jurisdiction where the parties or their child has lived for six months or longer. If one party, however, is still residing in the county where the initial orders were entered, that county would retain jurisdiction unless there is some sort of removal of the jurisdiction to the new county. We can file a Motion to have a case moved in order to allow the parties to testify in any further proceedings for the convenience of the parties or witnesses.
If A Relocation Is Approved, Can I Appeal This Decision Granted By The Court?
Any decision by the court is appealable. You just have to make sure that your rights to appeal have been properly noted and that you file your notice to appeal within 30 days of any sort of final judgment. If you fail to Notice, the right to appeal is waived. Its important if you are looking to set aside a judgment or appeal it you seek legal advice right away.
For more information on Relocation With A Child After Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.
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