New York Move Away Custody Lawyer
After the court has named you the custodial parent in a child custody case, there may come a time when you want to move from your current location to another state or county because of a job opportunity, or for some other related reason. You need to understand the conditions of relocation in your custody order. Most orders do not permit the custodial parent to relocate without requesting for permission. In many states, the court will grant you permission to relocate depending on the best interests of the child. Some state laws spell out the conditions for relocating with a child. These include rules concerning consent, notice, distance, and good faith.
Many states permit child custody relocation when there is an agreement containing an express consent regarding relocation and a proposed visitation plan. These terms are usually set during the initial child custody proceedings and are contained in a clause in the child custody order.
Notice and Consent
In some jurisdictions, the parent who intends to move must issue a notice of their intentions to the non-custodial parent. This notice should be given within a certain time frame, for example, 30, or 90 days before the scheduled date for moving. Additionally, some states require the non-custodial parent to consent to the move, or object by presenting a motion that prevents the relocation.
In some states, the decision to allow child custody relocation is based on distance. For instance, if you are planning to relocate to a place that is within a distance of 100 miles or more, the court may consider this in its decision. In other states, the court may prevent relocation that is out of the state.
In some states, the custodial parent is required to submit a statement indicating a “good faith” reason for their relocation. This is the case where moving the child will interrupt their school, social, and emotional stability. Good faith reasons can include: a better job, wanting to be close to one’s family for assistance with child care duties, affordable cost of living, and pursuing one’s studies.
A court may reject a relocation that is based on bad faith reasons like moving far away from one’s ex-spouse in retaliation.
Some states will also examine the situation of the non-custodial parent when considering the custodial parent’s request to relocate. For example, in cases where the non-custodial parent was not faithful to his visitation sessions, or was an absent parent, the court may rule in favor of the custodial parent.
What Other Factors Will The Court Consider When Allowing A Parent To Relocate?
Apart from good faith reasons, other factors that a judge will consider in a relocation hearing include:
- The child’s opinion
- The child’s special needs, if any
- Whether either parent has gone against a court’s orders in the past
- The financial impact of the move on the parents, including travel costs
- An alternative relocation for the parents and the child
Visitation Schedule and Modification of Child Custody
In many states, a relocating parent needs to present a proposed visitation schedule including the places and times for visitation with the non-custodial parent. Additionally, since child custody relocation may lead to changes in circumstances, the parties may require a court modification of the visitation or custody order.
The Take Away
If you are a custodial parent and wish to relocate your child, there are some rules you need to follow; otherwise, you may face imprisonment or lose custody of your child. While there may be some clauses in the original custody order pertaining relocation, in many cases, relocation is determined in a court hearing. Consult a New York move away custody attorney for advice and assistance on your relocation situation.