Sometimes parents consider moving out of state because of new jobs, remarriage, the need for specialized health care, and so forth. In child custody cases, a parent must seek permission to relocate, for example, in New York, a relocation beyond a radius may require either consent of the other parent or court order. In another word, if you are the moving parent, before relocation, you must provide a written notice regarding your moving plans to the non-moving parent.
On the other hand, if you are the non-moving parent and think your former spouse moves because of bad faith reasons, such as to discourage you from visitations, you can either negotiate with your former spouse or file objections to the court. A judge will schedule a relocation hearing.
In a relocation hearing, both parents can testify and bring witness or evidence which are relevant to the cases. In New York, the court will determine a relocation case based on the best interest of the child. To decide what accounts for the best interest of the child, the court will consider parent’s reasons for the relocation, the other parent’s reasons for an objection, parents’ relationships with the child, the impacts of relocations on the child’s future contacts with the non-moving parent, the consequences on the child’s education and emotion, and the effects on future visitation.
Parents of relocation are strongly advised to seek legal assistance from a New York divorce attorney. Please feel free to call the Diefenbach Firm on their 24-Hour Hotline (917) 734-7111. Gordon Diefenbach will either speak with you when you call or will return your call within a matter of hours. Leave your name and cell number.