11 answers

Need Help with a Letter to the Court About Relocating

I have to prepare a letter to the court so I can relocate with my 2 children. Their father and I have joint custody so I have to submit this letter 90 days before I plan on moving. I just want advise on what all to put in this letter. If anybody has advise that has been through this PLEASE let me know.

1 mom found this helpful

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You will need to be specific about the reason you are wanting to relocate...ie job offer or family. Also include how far this new location is from his location, if he isnt seeing the children as visitation states.
I have been through this twice and my judge(Vigo CO) was fair, he granted my ex summer visitations and holidays.
Start the letter out addressed to the judge in your case or simply to whom this concerns:
Begin with you request.....I(new spouse) have been offered a job at (location) and this will require me to relocate my children to (......) Also include the benefits your move will in your eyes produce for your children. Better community, community resourses, school, closer to family that can and will help you. Include any secured or tenatively secured housing.
The judge will take into considreation the childrens ages as well, and the fathers living situation. If you feel the need to express this, then do so.
I would also extend additional visitation,IE....With this move I realize the impact this may have on (EX) and I am willing to let him have an additional weekend visitation during the month.
Please be aware of transportation costs and time, you will probably be required to meet in the middle or even do one way pick up or drop off.
Do get this letter into the judge on time and even send your ex a certified copy as well. Does he want you to move?
Now How far are you planning on moving? I only have to have my EXs permission to move if it is over 100 miles from my current location, otherwise I just need to update the courts and him with my new address.
Feel free to ask me any other questions.

J.

2 moms found this helpful

go to the clerk of courts office and they can tell you what forms to submit, they can even tell you where to look in public records for similar forms submitted by other ppl in this situation, but it varies by location.

1 mom found this helpful

Hi,
I agree with with Eldonna. Please don't move. I don't agree with moving unless your children or you are in harms way with your ex.If it is because of a new spouse or BF and his new job then I think it is most certainly a NO. Your children and their father come first before a new husband or BF.You aren't together anymore but your children deserve a father who is near and dear.

1 mom found this helpful

Hi S.,
have you contacted your ex-spouse concerning your move? If not, I suggest doing that as well. I suggest having you two put your heads together in amending the parenting plan to cater to both needs, (i.e. shared transportation costs for kids, etc.). Also, when sending your Relocation Petition Letter, make sure you include your case number. The letter should be sent To Ex-Spouse and CC'd to Clerk of Courts, any attorneys if aplicable, and any behavioral health professionals involved in your case.

I don't want to pry in your reasons behind moving, but I will suggest that if your move is due to receiving a better job and better living environment, then state it in the letter! Thus showing that it would be in the best interest of your children to move because your job will offer better pay, the new environment has less crime, you are moving closer to your family, schools are better. Add into the letter anything that will promote additional benefit to your children.

Example: Say you've been unemployed too often where you are currently living, or your current income status caused you to seek state help, then you suddenly find a break where you can offer your children a better life and you a stable job. The court is more likely to accept this. It even adds a perk if you also state that your will be moving closer to relatives, etc. Be thorough, be clear, be to the point.

Typically, after you notify your ex and file the letter with the clerk of courts, your ex has 90 days to contest. If after this time lapses and you hear nothing, nothing really can stop you. That of course is the case for me in Ohio. I think my district requires 30 days notice, tho.

Be prepared to return back to court however. Being that you share joint custody puts you in a more difficult position where the ex can file to transfer physical custody and the court will rule in his favor. It happens alot because the court sees it as rendering the shared custody arrangement unworkable, esp if the relocation is more than 50 miles away.

If you need any further help, or suggestions in critiquing your letter before mailing it out, feel free to ask!
Hope I was helpful!
B.

Sample Letter: (amend as it applies to you)
------------------

Return Receipt Article Number: (The top "Return Receipt Article" number should be the Return Receipt number for the copy going to the court clerk.)

From: (you)
To: (your ex-spouse)
Date: (today's date)

RE: Notice of Intent to Permanently Relocate

As per our (divorce decree, custody & visitation orders) outlined in the court order, (page #, section #, paragraph #)I am writing you to notify you that it is my intention to Relocate to (city, state) , on the following date (date).

(body, give reason for relocation and give new mailing address if aplicable.)

Should you have any concerns regarding my move please contact me at your earliest convenience to discuss this matter thoroughly. If I receive no response to the contrary, I will assume you are in mutual agreement of my intent to relocate.

I look forward to hearing from you.

Thank you, (Sincerely, etc. etc.)

(Your name, address and telephone number)

CC: Court Clerk, Court # (number), (County)
Return Receipt Article #: (number)

Reference: Case # (Divorce case number, found on the front page of the divorce decree or in the custody or visitation orders)
----------------------------
*ANYTHING IN PARENTHESIS NEEDS TO BE REPLACED WITH THE CORRECT INFO REGARDING YOUR CASE AND INFORMATION.

*In addition to the copy you send to the court, enclose a simple letter stating your intentions to move and that you wish to have the enclosed copy of the letter that you sent to your ex placed in the court file. (Be gracious and polite and thank them for their trouble, make no accusations, just request they place the letter in the court file and give them the Case number in as many places as possible to make it easy for them.)

Disclosure: In no way or form was this note offered as legal advice.

1 mom found this helpful

hi S.
i had to this 3 years ago... all i put in the letter is that i am wishing to take my children out of the state of ohio to indiana and the reason why...and that you feel the move is a good move for the children and why
now thier dad does have the right to appeal and if he does, than they may deny it...my son still goes to his dads every other weekend, we meet half way and he gets him most of the sumer...just be sure you have checked into school systems and everythign because if the court is requested by him to do a check and the school system is not up to standards it can also be denied...good luck L.

1 mom found this helpful

If you call legal aid, and tell them what you need, they will mail you step by step directions on what to say and how to say it. Including letterhead and everything. You can get their phone number from the lifeline its in the phonebook under social services, or you can get the number from the welfare office ###-###-####. If that takes to long, go to the library and get books on family law, it will walk you through it. Good luck. A.

1 mom found this helpful

I just did that last February, my lawyer typed the letter. I would specify where you are moving, why, the date. The father has 60 days to file some thing with the courts if he wants to fight you on the move. Are you moving out of state? If he does fight you on the move, don't move until you have gone to court. I moved before we went to court and the judge took my son away from me, I raised my son for 8 1/2 years, I was on bed rest also. I have been going through a custody battle for over 2 years all b/c he does not want to pay child support. We had joint custody, now I only get my son every other weekend and if the weather is bad I don't get to see him. I moved 5 hours away from my home to be with my husband, we just got married Dec. 2006. Think it through and be 500% you want to move. If you are moving to be with your husband and if he does not have a good job and only has his kids on the weekends tell him to move in with you.
The courts may drag it out depending on the father, does he have money for a lawyer? Ask your son if he really wants to move. Explain every thing to him, it can be very hard on kids. It's really hard on my son, though he wants to live with me, his dad doesn't spend time with him he is with his gma all the time. The move and the marriage have been really hard on my son, if I had put deep thought and prayed more about it I would not have moved.
I hope this helps you and I hope you make the best decision for everyone it effects. God bless.

1 mom found this helpful

Hi,
Please do not move very far away from their father. If he is a decent person your children deserve to spend time with him.

As a teacher I have observed what happens when children are removed from their fathers. It is very painfulf for them.
Good luck

1 mom found this helpful

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