Do you share court-ordered custody with another parent, either through a paternity lawsuit or divorce action? If either parent is considering changing the child’s residence, even a part time residence, they must satisfy certain legal obligations. The moving parent is required to notify the non-moving parent via certified mail at least sixty (60) days before the move of the following:
- The intended new residence, including the specific address and mailing address, if known, and if not known, the city;
- The home telephone number of the new residence;
- The date of the intended move;
- A brief statement of the specific reasons for the proposed relocation;
- A proposal for a revised schedule of custody or visitation with the child; and
- That the other party has a right, if that party is a parent, to file a motion with the court seeking to prevent the relocation.
If the relocating parent fails to satisfy the foregoing requirements, the court can both hold that parent in contempt, and alter the existing parenting plan as it sees fit. Thus, before you move, you must ensure you have satisfied your legal requirements.
If you are the non-moving parent and you receive notice that the other parent intends to move, you must take action immediately. The non-moving parent has only thirty (30) days from the date of receipt of the notice of relocation to file an appropriate objection in court. If you fail to timely file your objection, then the other party is entitled to relocate the child without any further agreement by you.
Often times relocations are minimal; parents move to a neighboring town or a different residence within the same city for a variety of reasons. However, when a parent desires to move across the state or to an entirely different state, the relocation can have a major impact on your custody and visitation rights. Don’t delay asserting your rights. And, if you are the parent seeking to make a big move, don’t go at it alone. Call our office today and speak with one of our experienced attorneys who will help guide you in the right direction under either scenario.