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.
What Happens When A Parent Needs To Relocate Outside Of New York, And Would They Need A Valid Reason For Doing So?
If a parent needs to relocate outside of New York, unless the non-relocating parent consents to the move then a relocation application would need to be made to a court. Most people who are looking to relocate do not yet have a court order, but some do have a court order which contains a relocation provision. If there is a relocation provision, then it would need to be addressed in light of that parent’s intention to relocate. The first question to be answered is whether or not moving would impact the ability for one parent to have a meaningful relationship with the child. For example, if the child is living in New York and seeing their father on a regular and frequent basis, then then the likelihood of the court permitting a relocation of that child to another state would be questionable, and would require the court to consider if it is in the child’s best interests to relocate…Read More
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.
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