If a custodial parent wants to relocate more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying child custody, the relocation must be agreed upon in writing by the parties or approved by the Court.
The first step is to send a Notice of Intent to Relocate to the other parent. The parent receiving the Notice of Intent to Relocate must file a written objection within a specified period of time, or the relocation is approved. Therefore, it is extremely important that the parents take timely appropriate legal action.
There are many factors considered in determining whether relocation should take place including the impact of the move on the children and the children's best interest. If you relocate with your children without written agreement of the other parent or a court order, the Court may impose sanctions, such as force you to place the children with the non-relocating parent. The procedure is complex so consult with a family lawyer such as John Sorkin or Robin Sorkin before taking any action yourself.
For more information on custody, parenting plans, factors concerning children and timesharing, call 800-375-2942 for a free office consultation.