The basic premise of relocation cases is that a parent has a constitutional right to move and live where he or she wishes as long as it is not inherently bad for the children or somehow dangerous. Common sense is the best gauge of this standard. If the parent is trying to relocate the child out of the country, the Court will generally want to make sure the new country is a signatory to the Hague Convention Treaty regarding child custody and child abduction.
The law presumes the moving parent is acting in good faith when proposing a move and presumes that parent will be granted the right to relocate. In opposing relocation, the non-moving parent must show through 11 specific factors that the move is detrimental to the child (and this detriment must generally be more than merely losing time with that parent and extended family).
Please note the law has changed significantly with regard to relocations when you have a joint/equal custody arrangement. Please reference our legal guide for more information.
If you are the person relocating, you must notify the other party no less than 60 days prior to the date of the intended relocation, or no more than five days after the date that the person learned of the relocation. There are a few exceptions, but this is the standard. Generally, you do not want to withhold this information, but it is always best to consult with a lawyer first to ensure you are properly notifying the other party and Court.