Generally, when a parent announces their plans to move, if the non-moving parent objects to the move, the non-moving parent can file a motion to modify custody. In most cases, a judge will review the motion and schedule a hearing to hear additional evidence for the relocation and reasons for adjusting custody. You will likely need to testify at a relocation hearing. It’s also helpful to bring witnesses, such as family friends, a child’s teacher, a babysitter, and any other caregivers that can offer testimony in support of your case.
In reviewing whether a change in custody is appropriate based on one parent’s relocation, a judge will review the following factors:
- the advantages of the relocation, including quality of life and available educational opportunities
- the parent’s reasons for the move
- whether the planned move is in good faith
- how the relocation may interfere with the other parent’s visitation
- how a realistic visitation schedule can be established with the non-moving parent
- the child’s adjustment to the current home and community
- the likelihood that the custodial parent will comply with visitation orders, and
- any other factor the court deems relevant.
