How do I move residences with my child during a divorce or custody case?
During a divorce or custody matter, the court puts in place orders that restrain the parties from moving to another county with any minor children that are subject to the case at hand. A party is generally allowed to move to a different address within the County, so long as they file a NOTICE of Relocation with the relevant court. This serves to keep the other party aware of the residence of the child and it will update the Court’s computers for future mail from the Court.
A party may not move outside of the county with the minor child if there is an order involving the child in place unless the party files a MOTION to Relocate with the relevant court. This motion will need to be heard in court if the non-moving party disagrees with the child moving. Even if there is an agreement allowing a parent to move outside of the County, the parties still need to agree to new terms regarding transportation and parenting time. If the parties are unable to agree on all terms, the Court will hold a trial and hear testimony. The court will then make a decision based on what is in the best interest of the child and it will determine if the filing party may relocate outside of the county with the minor child.