That presumption may change, however, if the parents share physical custody. In such cases, the presumption that exists is often to deny the relocation. Again, that presumption may be rebutted by presenting evidence that the relocation is in the child's best interest and that it will not interfere substantially with the nonmoving parent's relationship to their child. Some factors courts consider when making determinations to allow or disallow a move include:

1. The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;

2. Prior agreements in divorce decrees or orders of the parties. Such agreements are often given great deference;

3. Whether the relocation would substantially interfere with the other parent's relationship with the child;

4. Whether the benefit of the relocation outweighs any harm caused by the relocation;

5. The reasons of each person for seeking or opposing the relocation and whether the request is made in good faith or is intended to interfere with the other parent's rights;

6. The age, developmental stage, and needs of the child;

7. The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

8. The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;

9. The financial impact of the relocation as it relates to parenting time;

HOW TO PREPARE TO SEEK RELOCATION

Any motion to relocate should be supported by documentation demonstrating that the relocating parent has thought the matter through carefully and that the relocation is in the child's best interest. To prepare their motion, a parent must be specific and thorough in their preparation. A parent should:

•NEIGHBORHOOD & SCHOOL. Know where they will be living and describe the benefits of the neighborhood and the schools the child will attend (photos are helpful);

• DAYCARE. Research any daycare facilities that they intend to use and include as part of your motion a brochure or contract from the provider;

• EMPLOYMENT. If a parent is moving to improve themselves financially, they should include information regarding their new job or planned education including any employment contracts or offers, benefit information or brochures.

• HEALTH. If there are any health considerations regarding the move, those should be included as part of the motion along with any medical documentation. For example, if the move is to a warmer climate that benefits asthma (parent or child), the parent may wish to present medical evidence as part of their case.

If the Court allows the relocation, it often requires the party moving to pay more of the transportation costs related to visitation. There is no "standard" visitation schedule when the visitation must occur at a distance. Often, however, the courts grant the non-custodial parent extended access times for fall breaks, spring breaks, Christmas breaks and summer months.

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