HoganWillig

We Practice Law for Your Peace of Mind

Custodial Parents and Relocation: Not as Easy As Get Up and Go



November 12th, 2012

Many parents are under the misunderstanding that if they are the custodial parent of a child they can relocate at will and merely have to file documentation alerting the court and other parent of their decision. This is entirely incorrect. A custodial parent cannot relocate with a minor child without written consent from the other parent or a court order. Even in situations where the custodial parent has sole legal custody of the child, he or she must petition a court of competent jurisdiction prior to relocating with the child. The custodial parent should file a petition as soon as possible, as it may take months to schedule a trial date and the Court will be very reluctant to allow the parent to move on a temporary basis in the meantime. In the event a custodial parent relocates without written consent or court order, the other parent may file a motion for the immediate return of the child (with or without the custodial parent).

HoganWillig

We Practice Law for Your Peace of Mind