Parental Relocation
The legal process a custodial parent must follow to move a significant distance with the children after divorce.
Understanding Parental Relocation
Parental relocation laws balance the custodial parent's right to move with the non-custodial parent's right to maintain a relationship with the children. The relocating parent must typically provide 30-90 days written notice and either obtain consent or file a motion with the court. Courts evaluate the reason for the move, the impact on the child, and whether a modified visitation schedule can preserve both parent-child relationships. The burden of proof varies by state — some require the moving parent to prove the move benefits the child, while others require the opposing parent to prove it would be harmful.
Real-World Examples
She filed a parental relocation motion to move the children to Oregon for a new job, proposing an expanded summer schedule for Dad.
State-by-State Variations
Some states presume relocation is in the child's best interest; others presume it is not. Notice periods range from 30 to 90 days.
Related Terms
When a custodial parent seeks to move a significant distance away, potentially affecting the other parent's custody or visitation.
UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)A uniform law adopted by all 50 states that determines which state has jurisdiction over child custody matters.
Primary CustodyAn arrangement where the child lives mainly with one parent, who handles most day-to-day decisions.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.