If you are separated or divorced and have custody and placement of your children, things can get complicated if you decide to move. You have to make sure that you provide proper notice to the other parent, and you will likely have to address their objections in court.
Do You Need Permission To Move?
Child relocation laws kick in if you plan on moving 100 miles or more from the other parent. The first step is to provide written notice to the parent 60 days before you intend to move. However, keep in mind that if the parent objects, it will take far longer than 60 days to resolve the matter in court. So you should plan accordingly in advance of your move, if you have to make personal or financial decisions before you commit to your move.
If there is no objection, you should file a stipulation with the court that allows you to move and to change your children’s school, as well as to address the new visitation schedule and travel costs, if any. If the other parent files an objection, you will have to file a motion with the court to request permission to move, and you should know these are very challenging cases.
What If Your Ex Doesn’t Agree?
If the other parent does not agree, you will have to litigate the move. Move cases are always difficult, because it generally means your move will make it more difficult for the other parent to exercise his or her placement schedule. The court will look at whether the move will interfere with the other parent’s ability to maintain a meaningful relationship with your children. The legal standard is the best interests of the child. Other issues may also include custodial disputes over changing your children’s school, travel costs related to the new proposed placement schedule, and when the other parent will have placement, if you are allowed to move. Your ex might even try to use this opportunity to request primary placement and sole legal custody. You should always be careful of the can of worms that may be opened when returning to court. Our lawyers can help you evaluate your case, so that you can make the best legal decisions for you and your family.
Walden, Neitzke & Kuhary, S.C. can help. Call us at 262-547-5517 or fill out our contact form to find out how we can help you with your relocation.