Relocation By Petition

Parental Relocation by Petition

A parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.  The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:
  1. A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
  2. The mailing address of the intended new residence, if not the same as the physical address, if known.
  3. The home telephone number of the intended new residence, if known.
  4. The date of the intended move or proposed relocation.
  5. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
  6. A proposal for the revised post-relocation schedule for access and time-sharing together with a proposal for the post-relocation transportation arrangements necessary to effectuate time-sharing with the child.  Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.
  7. Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition:
A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE.  IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.