Is it possible for a parent to relocate out-of-state with their child?

Each relocation case is unique and depends on the specific facts of the case.  Whether you are bringing or fighting a relocation case, you should seek a family law attorney, who is familiar with relocation cases and has experience handling them.  Our family law attorneys at Kokish & Goldmanis, P.C. know the law regarding relocation cases and have experience handling them.

A parent cannot relocate out-of-state with their child unless they have the written consent of the other parent or a court order allowing them to.  The fact that a parent has sole decision-making does not allow them to decide to relocate out-of-state with the minor child without the consent of the other parent or a court order.  If the other parent consents to the relocation with the minor child, the relocating parent should get the other parent’s consent in writing and then file it with the court.  If the other parent will not consent, the relocating parent must file a motion with the court requesting permission from the court to relocate with their minor child.  The court will then determine whether the relocation is in the best interests of the child.  In a case where there are two good parents with significant parenting time, getting a court order to relocate with a minor is difficult.

The custodial parent wishing to relocate must provide to the other parent: their intent to relocate, the reason for the relocation, the exact locale where they plan to relocate, and a proposed revised parenting plan.  In addition to those listed items, the court will evaluate other factors, such as: the relationship each parent has with the child, the objections of the non-custodial parent to the relocation, the education opportunities of the child in each location, whether any extended family live in or near the new location, and how the move will affect the non-moving parent’s parenting time.  It is not uncommon for the court to appoint an expert to conduct an investigation and make a recommendation to the court regarding whether the relocation is in the best interests of the child.

To discuss your case and learn how our family attorneys can help you, contact us at 303 688-3535.