Relocation

“Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing.

The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

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Mother and daughter packing cardboard box at home

Relocation by Agreement

If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

– Reflects consent to the relocation;

– Defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing; and

– Describes, if necessary, any transportation arrangements related to access or time-sharing.

If there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a time-sharing schedule, the parties must seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.

Petition to Relocate

Unless an agreement has been entered, a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.

These petitions must be very thorough and specific as to the details surrounding the location of the move as well as the reasoning and justification relation to the relocation. It is important that an individual considering this option, speak to an attorney who can properly counsel them through this process.