Relocating with a child who is the subject of a legal custody or physical placement order

Currently, upon notice of objection, the court must refer the parents for mediation or other family court services and may appoint a guardian ad litem. If the dispute cannot be resolved through mediation, the court must appoint a guardian ad litem and may modify the legal custody or physical placement order to accommodate or prohibit the move. Depending on how custody and placement are allocated between the parents, there are a number of factors that the court must consider, including whether modification is in the best interest of the child, when determining whether to modify the legal custody or physical placement order affecting the child.

Under the bill, if both parents are granted periods of physical placement with a child, a parent must obtain a court order before relocating with the child 100 miles or more from the other parent, unless the parents already live 100 miles or more away from each other. The bill requires a parent to file a motion to relocate a child's residence and a relocation plan, and requires an initial hearing on the motion to be held within 30 days of filing. If the other parent does not object or appear at the hearing, the court must approve the relocation plan submitted by the parent unless it finds that the plan is not in the best interest of the child. Under the bill, if the parents already live 100 miles or more away from each other, a parent proposing to relocate with a child must provide 60 days' written notice to the other parent.

If the other parent objects to the relocation, the court must require a response from the objecting parent, refer the parties to mediation, appoint a guardian ad litem, and set the matter for a second hearing to be held within 60 days. After the initial hearing but before the final hearing, the court may allow a parent to relocate with the child, subject to revision at the final hearing, if the court finds that the relocation is in the child's best interest. Under the bill, if the proposed relocation plan does not affect the existing placement schedule or only minimally affects the existing placement schedule, the court is required to approve the proposed relocation. If the proposed relocation will have more than a minimal effect on the existing placement schedule, the court is required to consider the factors in custody and physical placement determinations. Under the bill, there is a presumption in favor of granting the motion to relocate the child if the objecting parent has not significantly exercised court-ordered physical placement or if the move is related to abuse.

At any time after a motion for relocation of a child is filed, the bill allows the parties to file a stipulated agreement with the court that specifies that neither parent has any objection to the planned relocation and that sets out any agreed upon modification to legal custody or periods of physical placement. The bill requires the court to incorporate the terms of the stipulation into an order for relocation or revised order of legal custody or physical placement, unless the court finds that the modification is not in the best interest of the child.