Child Custody and Relocation

Relocation cases arise when a custodial parent wishes to move a significant distance away — typically out of the county, out of state, or across the country — and that move would substantially affect the other parent's ability to exercise their parenting time. These are among the most difficult cases in family law because they involve a direct tension between a parent's right to move for legitimate reasons (a new job, proximity to family support, a new relationship) and the child's right to maintain a meaningful relationship with both parents.

Most states require a parent to provide formal notice of an intended relocation, typically 30 to 90 days in advance. Some states require court permission before a move can occur, while others allow the move unless the non-relocating parent files an objection. The specific rules in your jurisdiction significantly affect your rights and obligations. Failing to follow proper procedures can result in serious consequences, including reversal of the move and potential changes to the custody arrangement.

Courts evaluating relocation requests consider a range of factors, including the reasons for the proposed move, the quality of the child's relationship with each parent, the impact on the child's education, social life, and community ties, whether a realistic alternative parenting schedule can preserve the non-relocating parent's relationship with the child, and the child's own preferences in age-appropriate cases. The burden of proof typically falls on the parent seeking to relocate, though this varies by state.

Whether you are the parent seeking to move or the parent opposing a relocation, these cases demand sophisticated legal strategy. For the relocating parent, success requires demonstrating a legitimate, good-faith reason for the move and proposing a realistic plan to preserve the other parent's relationship with the child. For the opposing parent, it requires showing that the move would be detrimental to the child and that the current arrangement better serves the child's interests. We represent parents on both sides of relocation disputes with the same commitment to achieving the best outcome for the children involved.