Grandparent or Other Custodial Caretakers of Children Moving Out of State

That is a long title, but this is important news to grandparents, relatives or others who have custody of someone else’s minor children or are considering accepting custody. The new Family Court Rules of Procedure and Practice 7(2) requires a “parent” moving out of state or more than 100 miles away from the other parent to give sixty days notice. If there is no agreement on the move, then a motion has to be filed asking for it to be allowed and if there is agreement, then an agreed order is to be entered.

Even though the Rule says “parent” it would most likely be applied to anyone in a custodial role. And, the rule does not make a difference as to whether that custodian has joint or sole custody. So, it would be wise to give a written notice to the other parent or parents of the planned move and then, if no agreement is reached, file a motion to get the court to approve the move and set new timeshare guidelines. If that custodian has sole custody and a compelling reason to move out of state, then I believe most family court judges would tend to allow the move. I believe the chances of such a move being approved decrease if there is joint custody or if the move is for a convenience type reason. However, each judge has their own tendencies and each case will be determined on multiple factors.

What you do not want to do is to make the move and then end up in hot water with a judge for not following the rules.

This entry was posted in Child cusotd, Family Law, Relocation, Time-share and tagged , , , , , , , . Bookmark the permalink.

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