Your Ex Wants to Move With the Kids

This Is Time-Sensitive

If the other parent has announced plans to move with your children — or worse, has already moved — you need to act fast. Relocation cases have strict timelines and your window to object may be shorter than you think.

Your Rights

In virtually every state, the custodial parent cannot simply move away with the children without either your consent or court permission. Most states require:

• Written notice before the move (typically 30–60 days, varies by state)
• Your consent or a court order allowing the relocation
• A legitimate reason for the move (job, family support, etc.)

If the other parent moves without notice or permission, you can file an emergency motion to have the children returned.

How to File an Objection

1. File promptly: Most states give you a specific window to object after receiving notice (often 30 days). Missing this window can be treated as consent.
2. File in the current jurisdiction: The court where your existing custody order was issued has authority.
3. Request a hearing: The court will schedule a hearing before the move (or to address a move that already happened).
4. Request temporary orders: Ask the court to maintain the status quo until the hearing.

Burden of Proof

This varies significantly by state:

• Some states put the burden on the moving parent: They must prove the move is in the child's best interest (California, for example)
• Some states put the burden on the objecting parent: You must prove the move is NOT in the child's best interest
• Some states use a balanced approach: Both sides present their case and the court weighs factors

Factors Courts Consider

Regardless of which side bears the burden, courts typically look at:

• Reason for the move: Job opportunity carries more weight than "I want to be closer to my boyfriend"
• Impact on the child: School, friendships, community ties, stability
• Impact on the non-moving parent's relationship: Can meaningful contact be maintained?
• Child's preference: For older children
• History of compliance: Has the moving parent followed court orders?
• Quality of alternative visitation plan: Is the moving parent offering a realistic plan to maintain the other parent's relationship?

If They Move Without Permission

This is more common than it should be. If the other parent relocates without proper notice or court approval:

1. File an emergency motion immediately requesting return of the children
2. Contact law enforcement if you believe it violates the custody order
3. Document the unauthorized move with evidence (their new address, school enrollment changes, etc.)
4. Courts take unauthorized relocation seriously — it often works against the moving parent

Timeline

Relocation cases are typically expedited because of their urgent nature, but still expect:

• Emergency motion hearing: 1–4 weeks
• Full evidentiary hearing: 1–3 months
• Resolution: varies widely by jurisdiction

Next Steps

1. Check your custody order for any relocation provisions
2. Verify your state's notice requirements
3. Consult a family law attorney immediately — Avvo, LawHelp.org
4. File your objection within the required timeframe
5. Gather evidence about your child's ties to the current community