SB 448

This bill changes the procedures for relocating a child's residence when a court

grants any periods of physical placement with a child to both parents and one parent

intends to relocate and reside with the child 100 miles or more from the other parent.

Under current law, if the court grants periods of physical placement to more

than one parent, a parent is required to provide at least 60 days' written notice to the

court and the other parent of intent to move with the child out of state; move 150

miles or more from the other parent; or remove the child from the state for more than

90 consecutive days. If the other parent objects to the proposed action, he or she may

file a notice of objection.

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.