Unhappy Marriage?

"Relocation" means a change in the location of the principal residence. 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 the purpose of vacation, education or the provision of health care for the child.

If the parents agree to the relocation of the child's principal residence, they may satisfy the court requirements by signing a written agreement  and have the agreement ratified by the court.

Unless an agreement is reached, the parent who desires to relocate must file a Petition to Relocate and serve it upon the other parent. The Petition must meet specific requirements. If the other parent objects to the relocation then he or she must file a response to the Petition objecting to the relocation in writing, have it filed with the court and served on the parent seeking to relocate within 20 days after the service of the Petition to Relocate. Failure to  timely object to the relocation, means that the relocation will be allowed without further notice and without a hearing, unless it is not in the best interest of the child.

The court will take into account 11 diferent factors to determine a decision of a contested relocation case.

Relocating the child without complying with the requirements subjects the party in violation to contempt and the proceedings to compel the return of the child and may  be taken into account by the court in any action seeking a determination or modification of the designation of the primary residential parent or of the residence, custody, or visitation with the child.

If you are fighting your ex on the possible relocation of your children or wish to relocate more than 50 miles from your current home do not hesitate to contact attorney Scott Stadler at (954) 346-6464 or email him at: scott@unhappymarriage.info