What happens if the other parent objects to my Relocation with our child?
If there is no agreement about a relocation, the parent that wants to relocate must file a Petition to Relocate and have it served on the other parent.
The relocation statute has a list of items that you must put in the Petition to Relocate. The main requirements are the location of the new residence, when the proposed relocation is to occur, the reason for the relocation, and a proposed Parenting Plan.
Once the other parent has been served, they have 20 days to respond. If they do not respond, the court must presume that the relocation is in the best interest of the child and allow the relocation by entering an order which permits the relocation and adopts the proposed Parenting Plan.
If the other parent objects to the relocation, in their response, that parent must include a specific factual basis supporting the reason for seeking the denial of the relocation. The response must also contain a statement about the amount of participation or involvement that that parent has or has had with the child.
After the other parent objects, there must be a hearing to decide whether to allow to deny the relocation.