Moving Out & Moving On: Relocation Rights to Consider

After a divorce, it is not surprising that either you or your ex-spouse will want to completely move out of your home and move on somewhere else right away. However, before you can start looking for a new place to live, consider that divorced parents cannot simply pack up and leave the state.

If you have children, the children’s best interests and the non-custodial parent’s visitation rights cannot be compromised.

In such cases, it is best to have a family law attorney in Long Island help you receive the court’s permission to relocate outside of New York. While some instances can be resolved quickly without the need for courts, couples who cannot agree on relocation may require legal intervention. If you are thinking about starting over, consider certain things.

Relocation Rights

You or your ex-spouse have the right to live elsewhere, however the custodial parent cannot simply remove the child out of state. Your new home’s location, therefore, may be limited to certain areas. For example, if you have custody of your child and plan to move to another state, your former spouse may oppose your move, since it will make visitation and other legal rights difficult to carry out.

Some couples may be able to come up with a mutually beneficial arrangement that is good for both parties. However, it might be impossible to negotiate with your ex, so you may have to bring your case to court to find a solution.

Your Child’s Best Interests

The court may have to be the ultimate decision maker in whether or not you are permitted to relocate with your child. The judge’s decision rests on what is best for your child. The court usually decides based on factors such as:

• The reason why the parent is relocating. If the parent is moving for economic reasons or work or other plausible reasons, it will not be held against them unless the move will impact the child’s well-being. If it is done out of spite or without a sound reason, the parent may not be allowed to move with the child.
• The child’s relationship with both parents, especially with the one who does not have custody but has visitation rights.
• How the move may affect the child’s communication and parenting time with the non-custodial parent.
• How the child’s life will financially, emotionally, and educationally improve from the move.

 

The court will decide whether the move is allowed. If not, they will let the moving parent choose between relocating or maintaining the custody agreement by staying. If the move is not in the child’s best interests, the original custody agreement will change, and you might lose custody of your child if the court deems that is what is best.

Should you believe that is in your child’s best interest to relocate contact our office for a consultation. Relocation is not easy and requires proper planning.  You can bring the issue to court to determine whether or not the relocation is possible, given the custody settlement. In the end, the court will decide on what will be most beneficial for your child, so you need an aggressive and persuasive lawyer on your side.

Ian S. Mednick has helped many clients resolve legal issues even after the divorce is finalized. He will provide you with quality legal advice to protect your parental and relocation rights.

Contact The Law Offices of Ian S. Mednick, P.C. today at 631-780-7080 today to arrange a free consultation.