If you are a parent with a court order which directs physical custody of the children, you are not permitted to simply move away, or deprive the other parent or family members time with the children. Generally, New York law requires that the custodial parent either obtain consent to the relocation or file a petition and request a hearing so the Court can issue an order allowing you to relocate.
Generally, it is difficult for a residential parent to relocate a significant distance away from the non-custodial parent without their consent. The court will consider the best interest of the children and the reasons for the relocation. A new spouse or a “change of scenery” are generally not as compelling reasons as employment or possibly medical reasons. The Court will weigh the benefit of the relocation against the child’s relationship with the other parent, grandparents, school, community and other relevant relationships and factors for relocation. The further the moving party seeks to relocate, the more difficult it can become to convince the Court that it is in the best interest of the child to lose these relationships.
One option in relocation cases is to look for ways to keep control over the relocation by creating an opportunity to keep the relationship with the non-relocating parent as intact as possible. Relocation is a complicated situation because it typically impacts two families, many siblings, step-siblings and ties to the community. We recommend that you consult with a seasoned family law attorney before you even approach your former spouse or partner about the relocation if you believe there will be any pushback. You have one chance to introduce them to the idea and if it is done incorrectly, there may be no return from the emotional roller coaster that follows.
Contact A Bronx Family Attorney Experienced About Relocation Cases
If you have questions about whether or not relocation is a possibility or you are seeking to prevent a partner or spouse from relocating, contact the office at 718-293-1542 to set up a consultation to discuss the specific facts of your case.