The agreement has to reflect the non-custodial parent’s agreement to the move and what the new timesharing arrangements will be. The law also allows internet and webcam contact between the child and the parent who is not moving. If that parent has alternate weekend time from after school on Friday until Monday morning and alternating holidays, alternate timesharing could include the whole summer and spring break every year. The number of days works out to be about the same. Remember, any agreement you make will be in effect until there is a substantial, unforeseen change of circumstances.
In addition to the new schedule, transportation arrangements need to be spelled out in the written agreement. Who is going to pay for the transportation? How will the child be transported? With out-of-state moves, remember that many airlines have rules about children traveling alone and the rules vary by airline. Most require an escort and charge a fee. Who will pay the escort fee? What if the child is too young to travel alone? Who will pay the extra adult airfares that are needed?
Some other things to consider include: Will child support be adjusted to offset the increased cost of visits? Will the offset vary child support more than 5% from the Child Support Guidelines? You’ll need more financial specifics in your agreement about why you’re adjusting child support if the new amount varies more than 5% from the Guidelines. If there is an Income Deduction Order in place, you will need to submit a new one if the child support amount changes.
Once you write the agreement and sign it, you will need to have the court ratify it. There will not be a “trial” type hearing unless it’s requested, in writing, by one of you within 10 days after the date the agreement is filed with the court. If a hearing isn’t requested, the court can ratify the agreement without a “trial” type hearing and then you can relocate with your child.
Next time, we’ll talk about the Notice of Intent to Relocate.
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