Parent Seeking to Prevent other Parent’s Relocation with Minor Child(ren)
Similarly, if you are a parent with a court ordered parenting plan or in the midst of litigation concerning Minor Child(ren), and the other parent has expressed an intention to relocate in excess of fifty (50) miles away or if the other parent has served you with Court documents expressing an intention to relocate, which you object to, you must expeditiously and immediately take the steps necessary to prevent and/or object to the relocation of your Minor Child(ren). Otherwise, dependent upon the circumstances, the Court may permit the relocation of the other parent with your Minor Child(ren) and/or the Court may not force the relocating parent to come back.
When no court ordered parenting plan exists between yourself and the other parent of your biological Minor Child(ren) who intends to relocate in excess of fifty (50) miles, dependent upon the circumstances, it is of utmost importance that you seek and obtain legal counsel to petition the Court to establish your parental rights and simultaneously prohibit removal of your Minor Child(ren) from the jurisdiction. Otherwise, if you do not act with urgency and the other parent relocates with, your Minor Child(ren), you may not have the opportunity for to force the other parent and Minor Child(ren) to return to the jurisdiction after-the-fact by Court Order.
SHAMY, EL FADEL & MAHONE is experienced in the often emotional and sensitive matter of relocation with Minor Child(ren), given the impact that it can have upon all parties involved and the time with the Minor Child(ren) that the non-relocating parent will inevitably be deprived of as a result of said relocation. Accordingly, we are ready and willing to advocate for your rights in the best interest of your Minor Child(ren).