HB 794 Summary

• Requires a parent with primary or equal physical custody to provide 30 days' notice (or 10 days if circumstances prevent earlier notice) to the other parent before relocating a child's principal residence, with notice sent via certified mail including proposed new address, relocation date, and revised visitation schedule.

• Allows relocation after notice unless the other parent files an objection within 20 days, at which point the court must hold a prioritized hearing to determine if relocation is in the child's best interest.

• Establishes relocation factors for court consideration including the child's relationship with each parent, impact on the child's development, feasibility of maintaining contact, child's preference, quality of life improvement, and any pattern of conduct promoting or thwarting parental relationships.

• Places the burden of proof on the relocating parent to demonstrate the relocation is made in good faith and serves the child's best interest; failure to provide notice or unauthorized relocation may result in return of the child and payment of the other parent's reasonable expenses and attorney's fees.

• Permits the court to require security from the relocating parent to guarantee court-ordered visitation is not interrupted and allows the court to retain continuing jurisdiction after relocation if the non-relocating parent remains in Mississippi; effective July 1, 2011.