My petition for dissolution of marriage and relocation with minor child was granted, so my daughter and I moved from Florida to North Carolina. Now my job is wanting to promote me to a position in Tennessee. Do I need to file a second petition for relocation, or do I simply move and notify the court and my ex of my new address?
Ms. Walker:
Congratulations on your promotion.
The answer is: it depends. First (although this may be obvious) have you spoken to the child's father to see if you can get an agreement about the relocation? I would think that travel wise-depending on where in Florida the father lives, the distance from his home to North Carolina or Tennessee is not that different. If that is the case, he may not object to a relocation as he would likely be able to maintain the same time sharing schedule he has now.
With that said, to accurately answer this, the first thing an attorney needs to know is what the original Judgment Granting Relocation says. Does it address anything about a subsequent relocation? Typically it would not. The second question is how long have you lived in North Carolina? If you have been there more than six months then likely, as it pertains to your child, the North Carolina Court may now have jurisdiction over the children.
The short,safe answer is yes, you most likely do have to file a new petition, unless you can get a stipulation from the father, and then, if you do, it should be submitted to the court to be ratified and made an order/judgment of the court. I would suspect, however, that it may be an easier case to prevail on since your child is already living away from the father.
Good luck to you.
Cindy S. Vova
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.