Expert: Jeff Laatsch - 1/7/2009

Question
I actually have two questions. I am wondering if a parent who the child resides the majority of the time decides to move with the child several hours away is there any part of the law that addresses who has to make what travel? Or do they just have to meet half way? I have heard in some states that the parent who did not move must only travel 50 miles to pick up the child for his/her visitation time? Having to travel for hours in the car twice in one weekend cuts drastically in to the time of the parent with the visitation. Also if a parent moves with notice but without a new approved parenting plan is that considered contempt or is there anything the other parent can do about it? Thank you.

Answer
Jody:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.

Q1: I am wondering if a parent who the child resides the majority of the time decides to move with the child several hours away is there any part of the law that addresses who has to make what travel? Or do they just have to meet half way?

Answer:

1. Parenting Plan Modification must take place at which time it is standard that parents find a meeting point 1/2 way such as a McDonalds, Burger King, to transfer children.

Q2: if a parent moves with notice but without a new approved parenting plan is that considered contempt or is there anything the other parent can do about it?

Answer:

2. Yes it could be because under new laws anytime a parent who has primary custody of said children MOVES without notifying other parent through the defined court process is in violation of Parenting Plan, Divorce Degree.

Here is some info on relocation:

Lets be perfectly clear the laws have gotten tougher on Primary parents whom simple desire to 'move' at will. There are a lot of issues concerning moving a child out of State.  Many States are adopting new laws to prevent Parents move out of State for the child sake.

Most require that the parent seeking permission to move the child demonstrate that the move would advance the child’s best interest.

Not unlike the present law, the new law provides that a parent cannot relocate out of the state with a minor child unless that parent has:

1. consent of the other parent, if that parent has been given parenting time by an order or decree; or

2. an order of the court allowing the relocation.

As a result, it is incumbent upon the parent seeking to relocate out-of-state to file a motion and acquire an order allowing that relocation before doing so. A failure to follow this procedure creates a serious risk that the dissenting parent may seek an ex parte order changing custody immediately pending a hearing on the relocation issue.

When the matter is considered by the court, a judge may not allow the relocation if it is demonstrated that the purpose of the move is to interfere with parenting time that has been given to the other parent by a decree or order. In the past, when determining whether to allow a parent to relocate with the child, there was a presumption in favor of maintaining the present custodial arrangement.

In other words, the custodial parent had significant advantage in court when seeking to relocate, with a legal presumption in his/her favor. As a direct result, in most cases the relocation was allowed. This presumption and advantage no longer exist under the new law. The end result is that it will be far more difficult for a parent to relocate out-of-state and away from the other parent with a minor child.

Under the new laws, such move-away determinations are made based on what is in the best interests of the child. The factors the court must consider in determining the child’s best interests include, but are not limited to:

1. the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child's life;

2. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;  

3. the feasibility of preserving the relationship between the non-relocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;  

4. the child's preference, taking into consideration the age and maturity of the child;  

5. whether there is an established pattern of conduct of the person seeking the relocation to either promote or thwart the relationship of the child and the non-relocating person;  

6. whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including, but not limited to, financial or emotional benefit or educational opportunity;

7. the reasons of each person for seeking or opposing the relocation; and

8. the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, or evidence of domestic abuse, as defined in section 518B.01.

It is critical to note that the new laws places the burden of proof on the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move.

I recommend keeping a LOG BOOK indicating time/date/events of everything that occurs including moves. This becomes usable evidence to the court when filing a CONTEMPT of Court charge.

Yes you would need to work with Attorney to file contempt of court charges.

Finally I recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.

Kind Regards,
Jeff