What to Do If You Plan to Relocate with Your Child

As part of your divorce, several court orders will be issued covering all aspects of your custody arrangement and mandated support. These orders are designed to be the “blueprint” that you and your ex are meant to follow to ensure that the best interests of your children are met.

Even with a court order in place, there will always be room for minor changes. For instance, you might want to change custody for a holiday with your spouse’s mutual agreement.

You won’t have to go back to court for that.

However, if you plan to relocate with your child, it will require direct modification from the court. There might also be some contentious issues regarding the relocation that need to be resolved. This is when you need to enlist the support of an experienced child relocation attorney.

If you’re thinking about relocating with your child, you need to plan ahead to ensure you’re in compliance with your state laws.

Understanding State Laws on Parental Relocation

When you decide to relocate with your child who is part of a child custody arrangement, you need to follow your state laws. If this seems like you have to ask permission to move, you’re right. A relocation represents a significant modification to your existing court orders.

That is why they need to be approved, and each state has its own approach. Consider the following examples:

Florida

In Florida, if you plan to move your child more than 50 miles from their current residence for more than 60 consecutive days, you must follow the law stipulated under Florida Statute 61.13001. That law requires you to obtain a signed written agreement from the other parent or file a formal court petition to relocate legally.

The Petition to Relocate must be formally served on the other parent and include the following details:

• The exact address and phone number of the new residence.
• The proposed date of the move.
• Detailed reasons for the relocation.
• A proposed post-relocation time-sharing schedule and transportation plan.

Once you serve the other parent, they have 20 days to file a written objection. If they fail to object within this 20-day window, it will create a legal presumption that the relocation is in the child’s best interests. That can mean the court may approve the move without a hearing.

Illinois

In Illinois, the parent who wants to relocate must provide written notice at least 60 days before the planned move if the relocation exceeds 25 miles from the child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties, or 50 miles in all other counties. The notice must include the following:

• Move date
• New address
• Whether the move is temporary or permanent

If the non-relocating parent agrees, both parents will sign the notice, file it with the court, and the move can go on. On the other hand, if the other parent objects, the relocating parent must file a formal petition to request permission from the court.

Texas

In Texas, parental relocation is typically covered under the Texas Family Code. If the move exceeds 100 miles or crosses state lines, the relocating parent must provide a written notice at least 60 days prior to the move. That notice must include the new address, reason for moving, and a proposed updated custody schedule.

Although there are similarities, it is clear that each state has its own laws to follow. A family law attorney who understands those laws is best positioned to advise you on how to proceed.

How Courts Determine the Best Interests of the Child

Before your initial divorce orders were issued by the court, the judge made their determinations based on the child’s best interests. If you’re making a relocation request and the other parent disputes that plan, a judge will need to reevaluate the family dynamics and once again determine what is in the child’s best interest. These are the factors they’ll consider:

• Reason for the Move: Your family court judge will assess whether the relocation is proposed in good faith. For instance, if you’re moving for career advancement, better education for your child, or essential family support, those would be considered good-faith arguments.
• Impact on Parenting Time: The judge will evaluate how the geographical distance will affect the feasibility of visitation for the non-relocating parent. That means factoring in the potential cost and frequency.
• Child’s Ties and Routine: Judges will consider how established your child is in their current school, their social circles, and how much of a disruption the move will be to your child’s stability.
• Existing Custody Arrangement: If you already have sole physical custody, the judge might be more inclined to grant you permission to relocate with your child if the move is deemed to be unharmful. If parents share joint custody, the move is subject to stricter scrutiny.
• Child’s Preference: If a child is older, the judge often takes their preferences into account.
• Quality of Relationships: Your judge will also look into the strength of your child’s bond with you and your ex. They will also consider the non-moving parent’s willingness to maintain that relationship.

The only way a judge can make their decision is by evaluating the evidence presented to them. Your family law attorney can help gather all the relevant documentation and witness testimony in support of your request.

Creating a Long-distance Visitation and Travel Plan

As part of your petition for court approval, you’ll need to create a long-distance visitation and travel plan. This plan will need to be customized to the child’s age and include specific travel logistics, costs, and a proposed schedule. You’ll have to determine whether your child will be driven to the visit or will have to fly, and who will be expected to pay those expenses.

In addition to the new visitation plan, you’ll also need to set up a communication plan.

The goal should be to help maintain a strong emotional bond across miles. That can include a daily or weekly schedule for video chats.

Obviously, these plans need to be done in coordination with the non-moving parent.

An experienced family law attorney from Davis & Associates can help facilitate the plans and expedite the approval process. If this move is for the better, then you want to get it locked down. We also help you ensure your child’s best interests are met.

Call to set up a consultation today, and let’s provide you with the support and information you need for this transition.