A parent who wishes to relocate with a minor child or children (more than 50 miles away from his/her principal place of residence) may do so either after entering into a written agreement with the other parent and all other persons entitled to visitation or after obtaining court permission. In the absence of an agreement, the relocating parent must prepare and serve on the other parent and on other persons entitled to time-sharing a notice of intent to relocate.
The other parent and persons entitled to visitation have 30 days from the date of service to file a written objection and serve it to the court. If a timely objection is not filed, the court must presume that the relocation is in the child’s best interest and allow the relocation. If a timely objection is filed, the burden returns to the parent seeking relocation to initiate court proceedings to obtain court permission to relocate.
The new relocation statute, which provides for notice of intent to relocate, an objection period, and a process for agreeing to relocation, insures that each minor child has frequent and continued time-sharing with both parents after a separation or divorce.