Relocation Notice

NOTICE OF INTENT TO RELOCATE

Table of Contents

1. Case Caption and Notice Header
2. Distance Threshold and Applicability
3. Required Notice Period
4. Required Contents Per Statute
5. Proposed Modified Custody and Visitation Schedule
6. Good Faith Statement
7. Objection Rights and Timeline
8. Certificate of Service
9. State-Specific Notes

1. Case Caption and Notice Header

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

Case No.: [________________________________]

NOTICE OF INTENT TO RELOCATE PURSUANT TO 13 DEL. C. § 734

TO: [NON-RELOCATING PARENT NAME], [ADDRESS], [CITY], [STATE] [ZIP]

YOU ARE HEREBY NOTIFIED that the undersigned parent intends to relocate the residence of the above-named minor child(ren) as set forth below, in accordance with 13 Del. C. § 734.

2. Distance Threshold and Applicability

Current Residence of Child(ren): [________________________________]

Current Residence of Non-Relocating Parent: [________________________________]

Proposed New Residence: [________________________________]

Approximate Distance of Move: [____] miles
Duration of Proposed Relocation: [________________________________]

☐ The proposed relocation is for a period of 60 days or more.
☐ The proposed relocation is outside the State of Delaware.
☐ The proposed relocation materially affects the current custodial and residential arrangement.

3. Required Notice Period

4. Required Contents Per Statute

(a) New Address and Contact Information

(b) New School Information

(c) Reasons for Relocation

The relocating parent seeks to relocate for the following reason(s):

[________________________________]
[________________________________]
[________________________________]

(d) Proposed Revised Custody and Visitation Schedule

See Section 5 below.

5. Proposed Modified Custody and Visitation Schedule

The relocating parent proposes the following modified custody and visitation schedule:

Regular Visitation:
[________________________________]
[________________________________]

Holiday Schedule:
[________________________________]
[________________________________]

Summer/Extended Visitation:
[________________________________]
[________________________________]

Transportation Arrangements:
[________________________________]
[________________________________]

Communication Schedule (Phone/Video):
[________________________________]
[________________________________]

6. Good Faith Statement

I, [RELOCATING PARENT NAME], hereby affirm and declare that:

☐ This relocation is sought in good faith and for a legitimate purpose.
☐ The relocation is not primarily motivated by a desire to interfere with the non-relocating parent's custody or visitation rights.
☐ I have made a good faith effort to propose a revised custody and visitation schedule that preserves the non-relocating parent's relationship with the child(ren).
☐ The information provided in this notice is true and accurate to the best of my knowledge.

7. Objection Rights and Timeline

IMPORTANT NOTICE TO NON-RELOCATING PARENT:

Pursuant to 13 Del. C. § 734:

1. If you object to the proposed relocation, you must file a response or counter-petition with the Family Court.
2. You should file your objection promptly upon receiving this notice to allow the court to schedule a hearing before the proposed move date.
3. The court will hold a hearing to evaluate the relocation under the factors set forth in 13 Del. C. § 734.
4. The relocating parent may not relocate with the child until the court issues an order, unless the parties reach a written agreement.
5. If you fail to respond, the court may proceed to rule on the petition in your absence.

8. Certificate of Service

I, [RELOCATING PARENT NAME], hereby certify that on [__/__/____], I served a true and correct copy of this Notice of Intent to Relocate and accompanying Petition upon:

[NON-RELOCATING PARENT NAME]
[ADDRESS]
[CITY, STATE ZIP]

by the following method:

☐ Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Personal Service by [________________________________]
☐ Service in accordance with Delaware Family Court rules
☐ Other method as ordered by the Court: [________________________________]

______________________________________
Signature of Relocating Parent

______________________________________
Printed Name

______________________________________
Date

9. State-Specific Notes

Burden of Proof

Under 13 Del. C. § 734, the relocating parent bears the burden of proving that the proposed relocation is in the best interests of the child.

Relocation Factors (13 Del. C. § 734)

The court shall consider the following factors:

• The nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child's life
• The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development
• The feasibility of preserving the relationship between the non-relocating person and the child through suitable visitation arrangements
• The child's preference, taking into account the age and maturity of the child
• Whether there is an established pattern of conduct by the person seeking relocation either promoting or thwarting the non-relocating person's relationship with the child
• Whether the relocation will enhance the general quality of life for both the person seeking relocation and the child, including but not limited to financial or emotional benefit or educational opportunity
• The reasons each person has for seeking or opposing the relocation
• Any other factor affecting the best interest of the child

Delaware's Compact Geography

Delaware's small size means many relocations will cross state lines even for moves of modest distance. Moves to adjacent states (Pennsylvania, Maryland, New Jersey) are common and are treated as out-of-state relocations requiring court approval under § 734.

60-Day Duration Trigger

The statute specifically applies to relocations for a period of 60 days or more. Temporary moves of less than 60 days generally do not trigger the statute, though they may still require notice under the terms of a specific custody order.

This template is based on 13 Del. C. § 734 and § 722 as of the last updated date. Laws are subject to change. Consult a licensed Delaware family law attorney for advice specific to your situation.