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Thinking about moving? There may be restrictions on your ability to move with your child(ren).
If you are thinking about moving with your child(ren) you need to be aware that you may be prohibited from moving a distance of more than 50 miles (measured as the crow flies) without permission of the other parent or an order of the Court.
However, this provision does not apply if there is no case currently pending before the Court and there has never been a prior order regarding custody of the children. Whether the relocation statute applies can be nuanced and you should speak with an attorney immediately if you are thinking about moving or if the other parent of the child(ren) is thinking about moving.
You are the Moving Parent
If you want to move more than 50 miles with your child(ren) and the relocation statute applies to your case, you must first obtain the written permission of the other parent or a Court order. If the other parent will not agree to your move then you are entitled to an expedited hearing to obtain permission from the Court to move with the child(ren). The Court will look at multiple factors including why you want to move, the opportunities available to your child and you if you move, why the other parent does not want you to move, the engagement of the other parent in the child(ren)'s life, and whether the other parent is paying his or her child support obligation. It is important to contact an experienced attorney to help present the benefits to your child(ren) in allowing the relocation.
You are the Left Behind Parent
If the other parent has already moved and did not obtain your consent, you may be able to obtain a Court order for your child(ren) to be returned. You should speak to an experienced Family Law Attorney as soon as possible to determine the best course of action for you, and whether you will