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Home Self Help Relocating Minor Children
Home Self Help Relocating Minor Children
Relocating Minor Children
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • How do I get permission from the court to move my minor children?
    • 1. Determine when you can submit your paperwork.
      • * If you want to move your minor children to a place that is much further away from the other parent, you need to ask the court for permission.

        * You must have an existing parenting time order before you can submit paperwork to ask the court if you can move your minor children.

         

    • 2. Identify where to file your paperwork.
      • * You will file your paperwork with the same court that gave you the original parenting time order.

    • 3. Decide whether you and the other parent agree on the move.
      • * If you and the other parent agree on moving the children, ask the court for permission using a Stipulation form (agreement).

        * If you and the other parent do not agree on moving the children, ask the court for permission using a Motion form.

    • 4. If you and the other parent agree on the move, follow these steps.
      • Download and complete the following forms: 
        * JDF 1407 Stipulation to Relocate Minor Children
        * JDF 1425 Order re: Motion to Relocate Minor Chidren

        JDF 1400 Instructions to File a Motion to Relocate Minor Children gives additional details on how to fill out these forms.

        * Here are some tips that should help you complete the forms:

        (a) Use the case number from your original case where parenting time was ordered.

        (b) You and the other parent will have the same identitie" to the court as you did in the original case. For example, if you were the Petitioner in the original case, you will be the Petitioner on these forms.

        (c) Check the box next to the word Stipulation on the top part of JDF 1407 Stipulation to Relocate Minor Children.

        (d) Both you and the other parent must sign the completed form in front of a notary public or court clerk.  You do not need to do this at the same time (Eg: you can sign in front of a notary or court clerk, give the form to the other parent and have him/her sign in front of a notary or court clerk at a later time).  You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

        (e) Do not complete the Certificate of Service part on the Stipulation to Relocate Minor Children since you are filling out the form with the other person.

        * Complete only the top (caption) portion of JDF 1425 Order  re: Motion to Relocate Minor Chidren.  The court will fill out the rest.

        * Give your completed forms to the same court that gave you the original parenting time order.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

    • 5. If you and the other parent do not agree on the move, follow these steps.
      • Download and complete the following forms:
        * JDF 1407 Motion to Relocate Minor Children
        * JDF 1425 Order re: Motion to Relocate Minor Chidren

        JDF 1400 Instructions to File a Motion to Relocate Minor Children gives additional details on how to fill out these forms.

        * Here are some tips that should help you complete the forms:

        (a) Use the case number from your original case where parenting time was ordered.

        (b) You and the other parent will have the same identities to the court as you did in the original case. For example, if you were the Petitioner in the original case, you will be the Petitioner on these forms.

        (c) Check the box next to the word Motion on the top part of JDF 1407 Motion to Relocate Minor Children.

        (d) You must sign the completed motion in front of a notary public or court clerk. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.  The other parent does not need to sign this form.

        * Complete only the top (caption) portion of JDF 1425 Order re: Motion to Relocate Minor Chidren. The court will fill out the rest.

        * Mail or hand-deliver a copy of your completed Motion to the other parent.

        * After you mail or hand-deliver a copy of the Motion to the other parent, fill out the Certificate of Service parts of the forms before filing them with the court.

        * Give your completed forms to the same court that gave you the original child support order.

        * The court will ask you to pay a filing fee. If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee.

    • 6. Fill out additional forms if needed.
      • The court may ask you to fill out additional forms.  Additional forms the court may need include:

        * JDF 1113 Parenting Plan or JDF 1273 Parenting Plan (Civil Union)
        * JDF 1406 Motion to Modify Parenting Time 
        * JDF 1416 Affidavit in Support of Motion for Modification of Parental Responsibility (Custodial Arrangements) or Allocation of Decision-Making Responsibility
        * JDF 1403 Motion to Modify Child Support

        * The child support calculator will help you estimate child support.

  • How do I answer if I receive paperwork asking to move my child?
    • 1. Read the paperwork.
      • * Decide whether or not you agree with the information in the paperwork.

    • 2. Identify where you should file your paperwork to answer.
      • * The location and contact information of the court where the paperwork to move your child was filed is on the top of the paperwork you received.

        * Give your paperwork to the same court that is listed on the paperwork you received.

    • 3. Fill out the Response form and mail or hand-deliver a copy to the other parent.
      • * Download and complete JDF 1315 Response.

        * You and the other parent will have the same identities as you do in the existing case involving the child. For example, if you are the Petitioner in the existing case, you will be the Petitioner when you file your response form.

        * The case number is on the top of the paperwork you received. Use that same number on your Response form.

        * You will need to mail or hand-deliver a copy of the Response to the other parent.  After you mail or hand-deliver the Response, complete the Certificate of Service part of the form before filing the form with the court.

    • 4. File your Response form with the court.
      • * Take your completed JDF 1315 Response to the clerk at the courthouse.

         

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