While the hope is that the custody order that is reached – either by settlement or court order after a trial – remains in place for the entirety of the child’s minority, oftentimes circumstances change, which necessitate the modification of a custody order. Courts grant modifications of legal custody only when there has been a permanent, material, and substantial change in circumstances of the custodial parent that has a direct effect on the children. This burden can be difficult to meet; therefore, it is necessary to consult and retain skilled custody counsel to guide you through the custody modification process. Physical custody schedules may be modified upon a showing that the modification is in the child’s best interests.

We have become a very mobile society, and families rarely remain in the same city permanently. Parents do not have an absolute right to relocate with their minor children. If a parent wishes to relocate more than 75 miles from a child’s primary residence, he or she must provide the other parent by certified mail with written notice of his or her intent to relocate with the child, along with specific details pertaining to the relocation. The non-relocating parent then has 30 days in which to object to the relocation after receiving timely notice. If the non-relocating parent objects to the move, the proposed move must be tried before a court. In order for a relocation to be permitted, the relocating parent must prove that the proposed move is being made in good faith, and the non-relocating parent must prove that the proposed move is not in the best interest of the children. Given the strict deadlines required in relocation cases, it is important to contact an attorney immediately if you are faced with the need to relocate with your children or you have received a notice that your co-parent is seeking to relocate.