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Relocation and parenting time

| Jul 15, 2021 | Child Custody & Parenting Time |

You spent hours and hours negotiating with your ex to come up with a parenting plan you could both live with, and now things are going along more or less like you wanted. Coordinating drop-offs and pickup times isn’t always easy, but the basic plan is working, and you can see that the stability is good for your kid. Frankly, it’s good for you, too. You have arranged your work schedule and other parts of your life around the parenting plan.

But now your ex wants to change all this. They want to buy a home that’s an hour-and-a-half drive away, and to completely rearrange your parenting plan.

What do you do?

Of course, the shoe can go on the other foot, as well. Perhaps you got a job offer that will require you to move so far away that your parenting plan will no longer be workable. What do you have to do to resolve the problem?

Modifications and objections

The first thing to know about this type of situation is that a parent who plans to change residence must give the other parent notice of their intended move 90 days in advance. They must do so in a letter that includes certain specific information, such as the reason for the move, the date of the move, the new address and a proposed modification to their parenting schedule. This letter must be sent by certified mail, and must also be sent to the court.

The other parent can choose to accept the new proposal or object to it. If they object, they can request a hearing with the court.

These hearings can be difficult for everyone, and the problems are not easy to resolve. Each parent has rights and responsibilities in regard to their children, but the guiding principle for the court is always the best interest of the child.