A move-away case, also called a parental relocation case, can vary widely in how long it takes depending on whether it’s contested or uncontested, how much evidence is involved, court scheduling, and whether a custody evaluation or multiple hearings are required. The fastest cases, where both parents quickly agree, may take as little as 2 to 6 weeks. Most cases take significantly longer, often months and sometimes over a year if the parents are in strong disagreement or the issues affecting the child are complex.
Uncontested Move-Away Cases
When both parents agree to the relocation and work out the details together, the entire process can move quickly through the family court system.
Timeline
2 to 6 weeks is typical, though in rare situations paperwork delays and calendar issues can mean around 2 months.
Process of an Uncontested Move-Away Case
- Parents file a stipulation or written agreement, often prepared with attorney help.
- The document is submitted for the court’s review.
- No court hearing is needed.
- The judge ensures the move and custody order still serve the child’s best interests.
- Once approved, the new order is signed and immediately effective.
Contested Move-Away Cases
The more common, and more time-consuming, move-away cases are those where one parent objects and does not agree. Courts have to issue formal orders after hearing detailed evidence about both parties’ positions, parenting involvement, the effect of a move and all legal, financial, or emotional impacts on the children.
Typical Timeline
3 to 9 months is average, but even routine contested cases can last 12 months or longer.
Process of a Contested Move-Away Case:
Filing Motion or Petition
The relocating parent files a formal motion or petition.
Initial Court Hearing
Usually 4 to 8 weeks after filing, this hearing may deal primarily with temporary next steps.
Motion for Temporary Orders (if requested)
After hearing, one party can ask for temporary custody or visitation arrangements until the matter is settled.
Discovery Phase
Both sides exchange evidence (communication records, school reports, documentation). Witness lists and potential exhibits are produced, which can take 1 to 3 months.
Mediation
Almost always required. In some counties, mediation happens after initial filings; in others, after discovery. Additional weeks or months sometimes pass if there are delays rescheduling attempts to resolve conflicts.
Custody Evaluation (If Ordered)
When substantial conflict or concerns exist about the child’s upbringing, a custody evaluation can be ordered. This can stretch the process by several months; an average evaluation requires 2 to 4 months including interviews and what’s needed from mental health or family court professionals.
Final Hearing or Trial
Once all discovery and evaluations are complete, the court schedules a trial. This can take another few weeks to several months, especially in busy jurisdictions. The judge then issues a final, enforceable order regarding whether relocation is approved and how custody, visitation, and support arrangements change.
When actual emergencies exist, such as a move needed for a safety issue or protective order, the court may be willing to process orders significantly faster on an interim basis while investigation continues. Emergency hearings won’t always finalize every detail, but can address urgent travel, safety, and visitation issues right away. If you have any questions, reach out to our team to schedule a confidential consultation.