Just as when a court initially determines
child custody, any modifications in the parenting plan must be in the best interests
of the child. This includes if a custodial parent wants to relocate. A
judge will want to see how the child's relationships will be affected,
not only to the other parent, but to other relatives, to friends, and
to other important people in his or her life. The courts will also examine
how a move would affect the child's education, and if it would harm
important ties to his or her neighborhood.
A judge will take into consideration why the custodial parent wants to
move, and then also listen to why the other parent is against the
relocation. A court will have to determine the strength of the child's relationship
to each parent, and how a move would affect the relationship to the noncustodial
parent. Any possible effect on the relationship between the parents might
also be examined. A judge will also have to consider how the parent and/or
child will be affected by the move in finances, emotional well-being,
and academics. The judge would also have to determine the likelihood and
ease with which the noncustodial parent would be able to remain in the
child's life in a meaningful way.
The decision could result in several different arrangements. For example,
perhaps the court decides that it is best for the child if the custodial
parent moves, but the noncustodial parent is given visitation rights.
In this way, the child can preserve that vital relationship with each
parent. In other circumstances, a court might even
modify child custody. If a court deems that a relocation would harm a child whose ties to his
or her hometown are too deep, the court might grant custody to the noncustodial
parent. In this way, the former custodial parent is free to move, but
the child does not have to undergo a severe change. At other times, the
noncustodial parent might move too. A custodial parent often has a legitimate
reason for moving, such as getting a job with which to provide for the
family, or remarrying and joining a new family unit. If that parent needs
to move, then the noncustodial parent may go too, to stay in the child's life.
If you want to relocate, then a Long Island divorce lawyer from our firm
may be able to help you fight for the best interests of your family. If
you need to fight against the other parent's moving, then the Meyers
Law Group can help you with this matter too. We understand that you want
what is best for your child.
Contact us today to learn how our experience and passion can help you protect your