Relocating with a Child

If a parent who is spending intervals of time with a child desires to relocate outside the state or more than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent. If the parents are actually spending substantially equal intervals of time with the child and the relocating parent seeks to move with the child, the other parent may, within thirty (30) days of receipt of notice, file a petition in opposition to removal of the child.  The court shall consider all relevant factors including:

• The extent to which visitation rights have been allowed and exercised
• Whether the primary residential parent, once out of the jurisdiction, is likely to comply with any new visitation arrangement
• The love, affection and emotional ties existing between the parents and child
• The disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
• The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment
• The stability of the family unit of the parents
• The mental and physical health of the parents
• The home, school and community record of the child
• The reasonable preference of the child if twelve (12) years of age or older
• The court may hear the preference of a younger child upon request. The preferences of older children should normally be given greater weight than those of younger children
• Evidence of physical or emotional abuse to the child, to the other parent or to any other person
• The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child

Of course, there are many other factors that weigh on whether a parent can relocate with a child.  Please contact us to review your situations.