Detail


Relocation




2018/05/31

       
      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.

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