Relocation becomes an issue in family law matters when children are involved. Generally, a parent or spouse can relocate themselves as they choose without any issues. However, when the parent intends to move the child or children’s residence, then a very technical statute comes into play. This statute provides that relocations to be achieved (1) through an agreement, or (2) through a court proceeding. If an agreement is reached by the parents, then it needs to be executed in a specific written manner. If the Court proceeding is used then the parent that is not requesting the relocation must object promptly, or their failure to respond could be treated as permission for the other party to move. In either event, the final resolution of the matter should be put forth in a Court order that provides specific and detailed information on travel arrangements, the new timesharing (custody) schedule and any changes to child support.
The Windle Family Law Firm has helped numerous families with challenging relocation issues.