It is always a hotly contested issue in custody cases when a primary custodian seeks to relocate to another county or state and take the minor child(ren) from his/her current residence.

There are rules now in place which control how the primary custodian must proceed in attempting to relocate.     The primary custodian must notify the other parent of an intended move. The non-relocating parent may then object to the proposed move by filing a Counter-Affidavit with the Court and a hearing is then scheduled.

It is not uncommon that a parent has relocated without following proper procedure that a Court may order that parent to return to the jurisdiction pending a hearing, or in the alternative return the minor child(ren) to the other parent pending a further hearing.

The best interests of the child(ren) remains a primary concern, but with passage of legislation in 2010, there are now 10 factors the Court must consider and weigh in making its determination.

If you have any questions about relocation or custody issues in general,  please feel free to contact Ronald S. McGlaughlin or Tonia Torquato.

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