How Relocation Affects Child Custody in NY

One thing that is for certain after a divorce, people's lives change. Former spouses may return to college, they may obtain a new job, or relocate, or they may even meet someone new and remarry.

Given the fact that people's lives can change dramatically in the years following a divorce, it's not uncommon for parents to head back to court to discuss child custody issues when one of them wants to move away with the children.

Sometimes a move happens sooner than later, especially when a parent wishes to move closer to family where they will receive more help with the children as they juggle life as a working single parent.

Can a parent move away with the children if they want to, even if they don't have the other parent's permission?

When a parent relocates with a child, it can definitely affect the child's relationship with the other parent, their extended family members, their school, friends and the community. That said, a custodial parent cannot just up and move away if the other parent contests such a move.

Relocations are Handled on a Case-by-Case Basis

Each relocation case is unique, thus the court considers all relevant factors before rendering a decision. The court understands that sometimes it's unrealistic to keep a custodial parent from moving, especially when such a move would yield a better quality of life or a new family unit.

In some cases, the court feels that the child's best interests are met by changing custody – that is if the noncustodial parent is interested in obtaining custody. This is especially common when the child has strong ties to the noncustodial parent and the community.

Often, a second marriage by the custodial parent means that the child is given the opportunity to improve their economic circumstances. Since this can be viewed as a positive, it's one reason why the courts may decide to permit a relocation.

Whether you are seeking to relocate with your child, or you are wishing to contest such a move, you should speak with a Nassau County child custody lawyer from Jason M. Barbara & Associates, P.C. for guidance.