The 45-Day Relocation and the Emergency Motion
Luz Romero has a 2019 custody order from State A giving her primary physical custody of her 8-year-old son, Mateo, and his father, Derek, alternating weekends. The order requires either parent to give 60 days’ written notice before relocating more than 100 miles and to obtain court approval. On May 1, Luz tells paralegal Priya that she has accepted a job 300 miles away in State B, plans to move June 15, and has already enrolled Mateo in a new school. She says Derek “won’t care” and has not been served with anything. She asks Priya to prepare a “notice” and an “emergency motion” for a hearing on May 20 so she can move “without drama.” Luz also asks Priya to keep the move confidential because her new employer has not announced it. Priya’s supervising attorney is on vacation until May 8. The firm’s retainer agreement says family matters require a $3,500 deposit; Luz has paid $500.
1. What filings and notice are required, and what may Priya prepare before the attorney returns?
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The order controls. A 60-day notice from May 1 would run to June 30, but Luz plans to move June 15, only 45 days later. The notice is late on its face, and the court approval requirement still applies.
- Notice: Prepare a written notice to Derek stating the intended date, address, and reasons, and serve it as the order and rules require. Priya may draft it for attorney review, but she may not sign it or file it without the attorney.
- Motion: A motion to modify custody/relocation should be filed in State A, the child’s home state under the UCCJEA; State B cannot modify the order unless jurisdiction changes. The motion is not an ‘emergency’ merely because the move date is close. Emergency relief requires immediate risk of harm.
- Timing: Because the attorney is gone until May 8, Priya should ask another attorney to cover and should calendar the 60-day calculation, service, and hearing date.
Priya must not tell Luz to move first and ask forgiveness later.
2. How should Priya respond to Luz’s confidentiality request and the unpaid retainer?
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Confidentiality does not authorize misleading the court or the other parent.
- The relocation notice and motion must disclose the proposed move and enough information for Derek and the court to evaluate it. Luz’s new employer’s announcement is not a legal basis to conceal the move from the court.
- If there is a safety concern about disclosing the exact address, the attorney can seek a protective order or use a confidential address procedure, but that is a legal decision, not a paralegal’s promise.
- Priya should not promise secrecy. She can say: ‘I can’t keep the move from the court or your lawyer. The attorney will discuss what information must be disclosed and whether any address can be protected.’
- On fees, the $500 payment does not satisfy the $3,500 retainer. Priya should not draft substantive documents if the firm’s engagement policy requires the deposit, but she must not ignore the deadline. She should tell the attorney and client in writing about the fee issue and the need for a written fee agreement.
3. Luz says she will move on June 15 no matter what. What should Priya tell her, and what should Priya do internally?
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Priya should not advise Luz to move before the hearing or before court approval. The existing order remains enforceable, and a move without notice and approval can support contempt, a motion to return the child, or a custody modification against Luz.
She should:
- Explain that the May 20 hearing does not automatically authorize the move; only a court order or Derek’s written agreement can change the schedule.
- Tell Luz that June 15 is 45 days after May 1, so the 60-day notice is short; the attorney may need to seek an expedited schedule or a continuance of the move date.
- Schedule an immediate call with the covering attorney and document Luz’s plans and statements.
- Avoid giving legal advice about whether the move is permitted. Use plain language: ‘I can’t tell you it’s okay to move. The order still controls, and the attorney needs to review this before you change Mateo’s school or residence.’