Our society has become increasingly mobile over the past several decades. In years past, it was not unusual for children to grow up, find jobs and marry in the same cities and states where they were born. However, now, with improved transit systems and international corporations, and even the internet with its dating services, it is not unusual for a person to move out of state even across the country based on employment changes, romance or simply to try a new environment.

Such relocations can wreak havoc on family relationships where children are torn between two parents and two states, often having to deal with long distance relationships with their own parent.

As a result of our changing society, state legislatures have attempted to enact statues setting forth requirements that must be followed when one parent seeks to relocate with the minor children. State laws vary broadly regarding when a parent must provide notification or seek permission to relocate. Generally, minor geographic changes are not considered significant. However, just what is considered minor may be a subject of dispute. In some states a relocation out of the county is significant. In other s it is a relocation of a specified number of miles (50 to 150) away from the other parent. In yet other states, it requires a relocation out of the State.

Since the laws vary broadly, it is extremely important for a parent seeking to relocate with children to know, understand and follow the detailed rules in their particular state. A failure to follow the rules can often result in a change in custody. State laws often spell out requirements which may include:

NOTIFICATION AND OBJECTION.

A parent seeking to relocate must generally notify the other parent well in advance of a move. The timelines for that notification are specified in many state laws. Those same laws also provide specific instructions regarding the information that must be included in the notification.

In states that require notification, the other parent may also usually file an objection to the relocation or file a Motion seeking to prevent the relocation

CONSENT AND ORDER

Yet other states require not only notification, but consent of the other parent to allow the move. In the event the both parents do not consent, often the parent seeking to relocate most bring a motion seeking permission of the court.

PRESUMPTIONS AND BURDENS

Regardless of the procedures required by your states statutes, should the matter proceed to Court, decisions are made and swayed based on legal presumptions and burdens of proof. As a result the particular legal presumptions and burdens of proof in each state can dictate how a case should be presented and provide an early insight into the potential success or failure of a motion to relocate.

Under many state laws the presumption whether to allow or disallow a relocation may depend and change based on the custodial situation. For example, in many states, where the parent with primary physical custody seeks to relocate, there is often a rebuttable presumption that the intended relocation of the child will be permitted. If there is an objection, the presumption may be rebutted by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child.

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