Parental Relocation with child
The parent relocation statute has caused a lot of confusion among litigants, lawyers and Judges. The original statute provides that a parent moving more than 50 miles for more than 60 days must notify the other parent, in writing, of the move. If the other parent objects, the moving party must seek approval by the Court.
Effective July 7, 2009, the law regarding parental relocation has been amended to provide for the following:
1. Specific notice must be given to the other parent within 20 days (from 30) of the intended move. The requirement that the parent provide notice of the intended address has been removed;
2. The bill removes the requirement that parents discuss the matter first before a relocation Petition is filed; and
3. A hearing on temporary relocation must be heard within 30 days of filing and a final hearing within 90 days.
Although amended to expedite the process, it will still be burdensome on the litigants and difficult for both the lawyers and the Judges. In general, people normally have an idea of where they want to move and why. The relocation provision directs the litigant to provide this information in advance, even where the relocation is an idea versus a set plan.
