After a divorce, circumstances sometimes arise where one parent desires to move an extended distance away from the other parent. Whether the parent intending to move spends the majority or the minority of time with the children, a move always impacts the post-divorce family. Whatever time sharing currently exists cannot continue after a move..

When either parent proposes to relocate more than 50 miles from where the children live, at a minimum, the parent desiring to move must petition the court prior to moving with the children. In those situations where the non-moving parent does not timely object, the other parent, after obtaining court approval, may move. Similarly, if the non-moving parent agrees with the relocation, and the parties develop a meaningful alternate time sharing schedule under the new circumstances, then a smooth transition may occur. However, such amicable circumstances are rare when relocation is at issue.

If your child is relocated by the other parent without your prior consent and a court order, it is imperative that you seek legal counsel immediately, as you have rights that the court may expeditiously enforce, including requiring the moving parent to return the child. The Law Office of Cindy S. Vova, represents parents requesting relocation, as well as parents opposing relocation. Each case is evaluated based on the particular facts and circumstances of the client, the other party and the best interest of the children. We then analyze your case against the criteria used by the court in determining whether to grant or deny a petition for relocation.

Sometimes clients request relocation for valid and important reasons, such as significant job opportunities. This alone, however, is not the only or ultimate factor the court evaluates in reaching a decision. Often a parent opposes the relocation (even when the petition states a valid reason) because any alternate time sharing schedule could not come close to substituting for the current schedule that parent enjoys. When relocation cases come before the court, the judge is not predisposed to approve or disapprove the move. The ultimate decision, regardless of other circumstances, is the child’s best interest.

Our firm helps you evaluate all criteria that the court will review, and gives you a thorough assessment of your special situation. We then work with you in developing compelling arguments to advance your position, whether requesting the relocation or opposing it.

The laws regarding relocation changed substantially in recent years. You owe it to yourself to ensure you have attorneys who are up-to-date on relocation. Please call or contact our firm via this website to see how we can assist you with your relocation case.