WHAT IF THE CUSTODIAL PAREN WANT TO MOVE FROM THE AREA WITH THE CHILD?
If there is a custody order in effect, the parent seeking to move out of the local area with the child must file a petition for permission to relocate the child and, if the terms of the custody order must change, a petition to modify custody. If there is no custody order in effect, the parent with whom the child lives should notify the other parent within a reasonable amount of time of the desire to move out of the local area. If the other parent objects, the parent seeking to move will have to file a complaint for custody and a petition to relocate. If the other parent objects to the move, before the child is permitted to move, a hearing must be held as to whether the move is in the child’s best interest. The burden of proof is on the parent seeking to move the child. When deciding whether the move is in the child’s best interest, the court will consider the reasons for the move, the impact of the move on the child and the moving parent, the reasons why the other parent is objecting t
