I am moving 40 miles away from non-custodial parent to secure better employment opportunity. I planned on giving non-custodia parent a 10 day notice along with kids new school info. I mailed 1 letter certified mail, but the non-custodial parent refused it. Thinking about delivery confirmation this time. is there a certain number of days I need to notify the non-custodial parent by? The parenting agreement only mentions moving out of state issues and moving more than 150 miles away. none of that applies to my situation.
Family Law Attorney
The law says notice is only required for a move of 150 miles or more or out of state. You do not state if the move is out of state. If the move is out of state than 60-days notice is required. You also do not state what the placement schedule is. If the move will make the placement schedule impossible to follow then you need to file a modification of placement motion. Otherwise you can move. I would suggest you also send the notice he refuses to accept via regular mail as well.
The problem will come if he refuses to drive the longer distance. You may want to discuss your situation with an attorney.
This is advice only and not a legal opinion on which action should be taken.