If I plan to relocate, what type of notice do I need to give to the other parent?
For parents with shared or allocated parental rights and responsibilities, the parent who wants to relocate must give notice to the other parent at least 30 days before the planned relocation. If the relocation must happen in less than 30 days, notice must be given as soon as possible.1 The notice shall include the address and, if known, the telephone number of the residence where the parent intends to relocate the child.2 The only exception to this is if the parent who wants to relocate believes that giving notice would put him/her and the child in danger. In that case, the parent has to notify the court and the court will give appropriate notice to the other parent with the parent’s and child’s safety in mind.1
After the non-relocating parent receives the notice of intended relocation, s/he can object to the move in court or seek a change in custody based on the intended move. See Can a final order be changed? for more information.
Note: The law isn’t specific about how the notice is supposed to given and delivered to the other parent - the law just says “actual notice” must be given.2 We recommend checking with a lawyer in your county who is familiar with custody and relocation matters to get advice on how to make sure the notice is given/delivered properly. Go to our Maine Finding a Lawyer page for legal referrals.
1 M.R.S. 19-A § 1653(14)
2 See FM-140 Schedule of Parental Rights and Responsibilities 9/05