Relocation of Children in a Timesharing Agreement

On Behalf of | Sep 30, 2015 | Divorce, Family Law |

Shared parenting plans may be difficult enough to maintain without one parent considering moving. Some parents may assume that since they are the custodial parent they have the right to move with the children. This is false. Relocating with children, or moving more than 50 miles away from the previous residence for at least 60 days with a minor child who is subject to timesharing with another parent, requires court approval. If you have questions regarding relocating with your children contact our office to schedule a consultation with one of our family law attorneys.

Before a parent may relocate with the minor children they must obtain written and explicit consent from the other parent or they must file a Petition to Relocate, which requests that the Court approve the relocation. Once the Petition to Relocate is filed the non-relocating parent has twenty days from the date of service to file a written objection. If no objection is filed the Court is significantly more likely to rule in favor of the relocating parent. The parent who wishes to relocate has the burden of proof; they must prove that the preponderance of evidence shows that the relocation is in the best interest of the child. Many parents are denied their request to relocate because they fail to show the Court that the move is in the best interest of the child. This is where the experience of an experienced family law attorney is essential. Proving the case for relocation by a preponderance of evidence is something that the family law attorneys at The Law Offices of Platt Cole Russell & Simpson PLLC have experience in. The court must consider many factors when deciding on whether or not to approve of the relocation. The most important is how the relocation will impact the non-relocating parent’s relationship with the minor children and how this will impact visitation schedules.

If you are looking to relocate or your ex-spouse is looking to relocate, regardless of whether you are the custodial parent or not, a timely call to the experienced attorneys at The Law Offices of Platt Cole Russell & Simpson PLLC can make all the difference. Call and schedule your free consultation today at (321) 725-3425 and remember if you have been served with a Petition to Relocate you have twenty days to respond, so do not delay when retaining an attorney.


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