One of the most difficult types of cases in family law is relocation. When I first began practicing, relocation did not exist and the parent with custody of the minor child(ren) could move at any time and without permission. Now, a parent with majority child custody cannot move more than 50 miles from the residence at the time of the last order without consent or a court order. Time sharing schedules are more complex with many parents having equal time sharing and schedules that allow time sharing during the week. Very rarely does the court order a limited every other weekend time sharing schedule. These new schedules make relocation more difficult.
The statute governing relocation is long and sets forth a number of factors that must be considered. The numerous factors also make relocation more difficult. Each case fact dependant so reviewing other cases is not helpful. To be successful in a relocation case, the litigant must present evidence on as many factors as possible. Relocation is difficult but not impossible. If you are considering filing a relocation case make sure you seek the advise of an attorney and be prepared to discuss in detail the factors that you believe apply in your case.