After a divorce, the thought of starting over new may be appealing for you and your family. However, once children are involved in divorce proceedings, any relocation done by the custodial parent must be approved by the other parent, as well as the courts.
New York State laws are strict. Any parent seeking to make a move with a child must go through the court. If you are seeking to relocate, an attorney can help make sure you and your child's interest are put first and that your case is effectively presented to the courts.
The court will look at a few factors in determining relocation:
- The child's best interest
- Each parent's personal plans
- Frustration of contact
The Child's Best Interest
A child's best overall interest is the primary concern of the court in relocation cases. Issues that the court will examine include:
- Visitation rights of the other parent
- Educational opportunities
- Established community of family and friends
- The potential new community
- Child's Age
- Health needs
The court will determine if the well-being of the child is in danger based on an examination of these factors.
In order to best determine the interest of the child, the court will examine the reasons why a parent is seeking to relocate to begin with. If a parent is moving for an employment opportunity that will provide increased support and opportunity for the child, the court will note that in their decision. If a parent is moving to an area that is isolating to their child, that will factor in as well.
Frustration of Contact
If two parents have custody of the child, the reasons behind the move will be examined to ensure that it is not being done to spite the other. If the child's relationship with their other parent is threatened to become strained in the move, the court may rule against the relocation or reexamine the custody agreement to allow the child to have more time with the other parent.
There are a number of reasons why a parent may need to move and take their child with them. As long as the plans of the parent aligns with the best interest of the child, the court should have little problem with the family moving. If you have concerns about your child being relocated to another place, contact the Meyers Law Group now!