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MS HB839
Bill
Status
2/1/2011
Primary Sponsor
Jessica Upshaw
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AI Summary
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Requires parents 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 by certified mail including intended address, moving date, and proposed visitation schedule.
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Defines "relocation" as moving a child outside Mississippi or more than 150 miles within the state from the other parent's residence for 60+ days.
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Permits relocation after notice unless the other parent files an objection within 20 days seeking a court order to prevent the move; failure to give notice or unauthorized relocation can result in court-ordered return of child and attorney's fee awards.
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Courts must apply eight specified factors when deciding contested relocations, including the child's relationship with each parent, impact on child's development, feasibility of visitation, child's preference, and whether relocation enhances quality of life.
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Relocating parent bears burden of proving the move is in good faith and the child's best interest; courts may require security to guarantee visitation rights are maintained and can impose sanctions for frivolous or harassing relocation proposals or objections.
Legislative Description
Child custody; provide for hearing before relocating child.
Last Action
Died In Committee
2/1/2011