The Mother/Father of your child is wanting to relocate to another State and take the child with. The relocation will disrupt the child’s schedule and likely remove the child from one of the parent’s lives severing the parent/child relationship with the other parent. This type of situation is very common. Navigating through this process can be daunting, scary, and very emotional.
In such cases, having an experienced attorney at J.G. Law LLC to represent you can be crucial to:
Defend against your rights and interests in the relocation
Obtain the best possible resolution to the case
Under the revamped relocation statute, the parent that wishes to relocate must file a motion with the Court seeking permission for the child’s relocation. The contents of that motion include specific information that tell the Court why its in the child’s best interests to relocate. Having a plan is tantamount to a successful relocation request.
Once the motion is filed the parent must provide notice to the other parent. Included with that notice must be a document entitled “objection to relocation”. Under the old Laws, service was satisfied by sending the notice via certified mail. The new law simply requires notice submitted to the parties’ last known address on file with the Court system. Such little details can be overlooked and having an experienced family law attorney assist in the process can ensure that proper procedure is being followed.
Once the relocation request is pending with the Court and once proper notice has been filed the parties either agree or they disagree. If there is a disagreement the case moves forward with both mediation and the appointment of a Guardian Ad Litem. If at the conclusion of both there is still no agreement the case will proceed to a hearing.
Not having representation in a relocation case can be the difference between you keeping primary placement or seeing your child leave the state and you becoming the non-custodial parent.