If a party intends to move from their principal residence at the time of the last order establishing or modifying time-sharing, or at the time of filing of a pending action, they are either required to obtain an agreement from the other party or file a Petition to Relocate. The responding party will be required to file any objection to the relocation within twenty days of service of the Petition. If a hearing is required, the Court will consider many factors when determining whether to grant the relocation.
A party wishing to relocate must keep in mind that the Court will be considering whether the relocation is in the child(ren)'s best interest, and not whether is in the best interest of the relocating parent. The relocating party should also consider whether the benefits of relocating outweigh the effect the distance will have on the child(ren)'s relationship with the non-relocating parent.