Child-related matters are sensitive — the decisions that are made concerning children can change their lives. For this reason, the court does not take relocation requests lightly.
Child-related matters are sensitive — the decisions that are made concerning children can change their lives. For this reason, the court does not take relocation requests lightly.
Moving with your child after a divorce requires court involvement, especially when there is an existing child custody agreement and whenever the other parent is actively seeing the child. If you’re interested in moving, it’s best to have the assistance of a knowledgeable child custody lawyer.
There is no specific distance that formally defines a relocation. Instead, the standard is whether the move would affect custody and visitation and the non-custody parent’s access to their child.
If you have an established custody agreement, it’s possible it includes location information. For example, your agreement may state that parents must live within 25 miles of each other. Therefore, if your agreement includes this information, a relocation is clearly defined.
Life changes after a divorce. Therefore, at some point or another, you may find yourself needing to move with your children. But is it possible to move your kids? It depends.
Some child custody agreements touch on relocation. If your agreement addresses the relocation of a parent, that is a good place to start. Otherwise, you’ll need to involve the court.
Moving with children is not impossible, but does require some critical steps, and it is often up to the court. Simply taking the children is never an option, as the relocating parent could face legal trouble.
If your custody agreement addresses relocation, it’s still recommended that you discuss the matter with your child’s other parent and make a new arrangement for time sharing. Additionally, you should seek a court order to solidify the change and new plans.
Should the custody agreement not discuss relocation, the parent who wishes to relocate must request permission from the court. The court can schedule a relocation hearing, where parents will have the opportunity to go before the judge so the judge can make a decision regarding the move.
In order to initiate a relocation case, the petitioning parent must file a petition in the county where the child has lived for at least six months. The petition must contain certain information, including where the relocating parent wishes to move and how the move would benefit the child.
Once the petition is filed, the court provides a summons and court date. The petitioning parent or their attorney must serve copies of court documents to the other parent notifying them of the case and court date.
During a relocation hearing, the judge must consider the situation and do what is in the child’s best interests. This involves reviewing the following factors:
A move can change a child’s life in several ways. For this reason, judges take the decision to allow a relocation seriously.
Relocating is stressful enough as it is, but more so when it involves child custody. Therefore, if you’re interested in moving after divorce and taking your child, you should discuss your situation with a qualified New York child custody lawyer.
The attorneys at Aiello & DiFalco have years of experience dealing with even the most complicated child custody matters. We strive to do what is best for you and your children. Contact our Garden City, NY, firm today to schedule a consultation, and let’s discuss how we can help you.
Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Laws and court practices vary and are subject to change. Please consult with a qualified New York family law attorney regarding your specific circumstances.
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