Motions To Relocate with Children
By: Maury D.
Beaulier
Our society has become increasingly mobile
over the past several decades. In years
past, it was not unusual for children to
grow up, find jobs and marry in the same
cities and states where they were born.
However, now, with improved transit systems
and international corporations, and even the
internet with its dating services, it is not
unusual for a person to move out of state
even across the country based on employment
changes, romance or simply to try a new
environment.
Such relocations can wreak havoc on family
relationships where children are torn
between two parents and two states, often
having to deal with long distance
relationships with their own parent.
As a result of our changing society, state
legislatures have attempted to enact statues
setting forth requirements that must be
followed when one parent seeks to relocate
with the minor children. State laws vary
broadly regarding when a parent must provide
notification or seek permission to relocate.
Generally, minor geographic changes are not
considered significant. However, just what
is considered minor may be a subject of
dispute. In some states a relocation out of
the county is significant. In other s it is
a relocation of a specified number of miles
(50 to 150) away from the other parent. In
yet other states, it requires a relocation
out of the State.
Since the laws vary broadly, it is extremely
important for a parent seeking to relocate
with children to know, understand and follow
the detailed rules in their particular
state. A failure to follow the rules can
often result in a change in custody. State
laws often spell out requirements which may
include:
NOTIFICATION AND OBJECTION.
A parent seeking to relocate must generally
notify the other parent well in advance of a
move. The timelines for that notification
are specified in many state laws. Those same
laws also provide specific instructions
regarding the information that must be
included in the notification.
In states that require notification, the
other parent may also usually file an
objection to the relocation or file a Motion
seeking to prevent the relocation
CONSENT AND ORDER
Yet other states require not only
notification, but consent of the other
parent to allow the move. In the event the
both parents do not consent, often the
parent seeking to relocate most bring a
motion seeking permission of the court.
PRESUMPTIONS AND BURDENS
Regardless of the procedures required by
your states statutes, should the matter
proceed to Court, decisions are made and
swayed based on legal presumptions and
burdens of proof. As a result the particular
legal presumptions and burdens of proof in
each state can dictate how a case should be
presented and provide an early insight into
the potential success or failure of a motion
to relocate.
Under many state laws the presumption
whether to allow or disallow a relocation
may depend and change based on the custodial
situation.
For example, in many states, where the
parent with primary physical custody seeks
to relocate, there is often a rebuttable
presumption that the intended relocation of
the child will be permitted. If there is an
objection, the presumption may be rebutted
by demonstrating that the detrimental effect
of the relocation outweighs the benefit of
the change to the child.
That presumption may change, however, if the
parents share physical custody. In such
cases, the presumption that exists is often
to deny the relocation. Again, that
presumption may be rebutted by presenting
evidence that the relocation is in the
child's best interest and that it will not
interfere substantially with the nonmoving
parent's relationship to their child.
Some factors courts consider when making
determinations to allow or disallow a move
include:
The relative strength, nature, quality,
extent of involvement, and stability of the
child's relationship with each parent,
siblings, and other significant persons in
the child's life; Prior agreements in
divorce decrees or orders of the parties.
Such agreements are often given great
deference; Whether the relocation would
substantially interfere with the other
parent's relationship with the child;
Whether the benefit of the relocation
outweighs any harm caused by the relocation;
The reasons of each person for seeking or
opposing the relocation and whether the
request is made in good faith or is intended
to interfere with the other parent's rights;
The age, developmental stage, and needs of
the child; The quality of life, resources,
and opportunities available to the child and
to the relocating party in the current and
proposed geographic locations; The
availability of alternative arrangements to
foster and continue the child's relationship
with and access to the other parent; The
financial impact of the relocation as it
relates to parenting time;
HOW TO PREPARE TO SEEK RELOCATION
Any motion to relocate should be supported
by documentation demonstrating that the
relocating parent has thought the matter
through carefully and that the relocation is
in the child's best interest. To prepare
their motion, a parent must be specific and
thorough in their preparation. A parent
should:
- NEIGHBORHOOD & SCHOOL. Know
where they will be living and describe
the benefits of the neighborhood and the
schools the child will attend (photos
are helpful);
- DAYCARE. Research any daycare
facilities that they intend to use and
include as part of your motion a
brochure or contract from the provider;
- EMPLOYMENT. If a parent is
moving to improve themselves
financially, they should include
information regarding their new job or
planned education including any
employment contracts or offers, benefit
information or brochures.
- HEALTH. If there are any
health considerations regarding the
move, those should be included as part
of the motion along with any medical
documentation. For example, if the move
is to a warmer climate that benefits
asthma (parent or child), eth parent may
wish to present medical evidence as part
of their case.
If the Court allows the relocation, it
often requires the party moving to pay more
of the transportation costs related to
visitation.
There is no "standard" visitation schedule
when the visitation must occur at a
distance. Often, however, the courts grant
the non-custodial parent extended access
times for fall breaks, spring breaks,
Christmas breaks and summer months.
Copyright (c) By Maury D. Beaulier. All
Rights Reserved
About the Author
Name: Maury D. Beaulier
Email: mbeaulier@hjlawfirm.com
Firm: Hellmuth & Johnson, PLLC
Website: http://www.divorceprofessionals.com
Practice: Family Law
Maury D. Beaulier has been recognized by the
International Who's Who of
Professionals (1996), Minnesota Law & Politics Magazine
(February, 1999) and more recently featured
in Lawyers Weekly USA (March,
2000).
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