The first step in bringing a relocation request is to file a motion with the court. This is a formal document in which the requesting party will state their desire to move and the facts which support their request. Any documentation supporting the request, such as school information or other records, will be attached to the Motion as exhibits. As explained in my last article, it is important to provide the court with as much information as possible. This information can include rankings for the school which the child would be attending, crime statistics for your new neighborhood, proof of employment in your new city, etc. The motion will be filed with the court and a hearing date will be set. The motion will then be served upon the opposing parent.
In some instances, the requesting parent may need to move immediately. Examples of this include cases in which a parent has been transferred, with little notice, by their employer. In such cases it may be possible to have the court hear the matter on an expedited basis. After the responding party has been served with the requesting party’s motion, then a response will be filed. At the initial hearing the court will have several options. It can deny the request outright, it can grant the parent permanent permission to move and consider the matter closed, it can grant the parent immediate permission to move on a temporary basis and schedule a trial to determine whether the move should be made permanent, and finally, it can deny permission to move for the time being but schedule a hearing to determine if a move should be allowed. Of these scenarios, the last two are most common.
It is important to remember that no two cases are the same and that how the Court will rule, in any given matter, is going to depend on the specific facts of the matter. By retaining an experienced attorney, you help to ensure that your case is handled properly. If you are in need of assistance then contact our office today to speak with a child relocation lawyer.