Notice of Relocation: Writing a Letter or Filing a Petition

In most cases, custodial parents must do what they can to maintain their child's relationship with the noncustodial parent. This includes providing notice of relocation.

A relocation is typically a move of significant distance, like a move out of state. Relocating the child without the court's approval or the noncustodial parent's consent can result in loss of custody.

Notice is usually not required if the move brings you closer to the noncustodial parent's residence or keeps the child in the same school district. Also, you generally don't have to provide notice if there's no custody order and you don't have joint custody through marriage. But it's still best to inform the other parent to avoid future legal issues.

Custody laws often require notice of relocation within a specific time frame. Your parenting plan or custody order may also include moving provisions, like limits on where the parent can move.

Writing a custody relocation letter

A custody relocation letter informs the noncustodial parent of your desire to move.

Requirements may vary, but generally, your letter must include:

• A statement of your intent to move
• The reason for your move
• The date of your proposed move
• Your new address and phone number
• How many days the recipient has to respond as stated in the law

Some locations require you to provide a parenting plan proposal with a new visitation schedule and other arrangements to keep the noncustodial parent involved.

Exactly when you must provide written notice depends on your location. Thirty or 60 days before the move is common. Moves on shorter notice are possible but usually require a special reason for the move, like financial hardship.

Send your letter to the other parent's last known address via registered or certified mail. Keep the mail receipt to file with the court as proof of service along with an affidavit of service.

Filing a petition to relocate

Some locations require parents provide notice of relocation through a petition rather than a letter. Petitions are a bit more straightforward than letters since you just need to fill in the blanks.

Check with your local court or their website to see whether your jurisdiction has a petition or motion for relocation like the example below.

Another option in some courts is petitioning to modify your custody order. Explain that relocation is the reason for your request.

After filing your petition or motion (and updated parenting plan if required), give notice of relocation by serving copies to the other parent. File an affidavit of service with the court.

Responding to a notice of relocation

Courts tend to give you about 20 days to respond after receiving the notice.

Your court may have a specific form for responses. Regardless, you'll need to state whether you consent or object to the relocation.

File your response with the same court listed on the notice.

If you consent to the move, you can work with the other parent to create a long-distance parenting plan. Mediation is a good option to avoid the contention and cost of court. You would file the new plan with the court. Pending court approval, this becomes your new custody arrangement.

If you object to the move — or want the court to decide a new custody arrangement — you'll have a hearing. There, you and the custodial parent will argue your cases for or against the relocation. You might need to file a request for the hearing.

If you agree to allow the parent to move with the child but disagree with the new custody or visitation arrangement, submit a parenting plan proposal.

Relocation under special circumstances

If any of the following apply, consult with a family lawyer in your area before seeking a relocation. You may qualify for free help from a legal aid office in your area.

• Relocation when you're in the military: Most jurisdictions have laws about custody when a parent is in the military. The custodial parent may be able to take the child with them if assigned to a base that is safe for families.
• Relocation when you're the victim of domestic violence: You'll still need to get the court's approval to move, but you may not need to tell the other parent your address. You could get a protection order to protect yourself and your children before applying for a relocation.
• Relocation to a different country: The court will typically only approve an international relocation if the noncustodial parent consents or is minimally involved in the child's life. You'll also need a good reason, like being closer to family who'll help raise your child.

Getting approval for your relocation

If the noncustodial parent contests your relocation, you'll need to go to court. Hiring a lawyer — or at least consulting with one — is recommended. Gather evidence based on what factors the judge considers.

What the judge considers

The child's best interests is the biggest factor in whether the judge approves a relocation. A few specifics they consider are:

• Whether there's good reason for the move, like a higher-paying job
• How the move may impact the child and their relationship with the noncustodial parent and other family members
• Whether the move will improve the child's life
• If parents can cooperatively co-parent from a distance

Courts typically deny relocation if it would negatively impact the relationship between an active parent and their child.

Evidence to support your case

Strong evidence will help your case for relocation.

The Custody X Change app has many features that help you organize the evidence you need.

• Create a detailed parenting plan that spells out how you'll handle distanced co-parenting.
• Make a custom parenting time schedule that will support your child's relationship with the other parent after your relocation.
• Keep a custody journal to electronically organize evidence and document events.
• Use the parent messaging tool to keep record of your conversations with the other parent about the relocation.

Use Custody X Change to support your case for relocation and get what's best for your child.