In today’s mobile world, a custodial parent may seek to relocate with a child to other cities or states due to career or job obligations, remarriage, or for other reasons. If you need legal assistance to assert, or defend against, a relocation request, you can get capable legal counsel from us at Dow Divorce Law. Contact a seasoned Staten Island family law attorney from our firm for assistance with any spousal and child relocation matter.
Spousal Relocation After a Divorce in New York
Courts must decide relocation requests on a case-by-case basis, always bearing the child’s best interests in mind. If a custodial parent wishes to relocate to have a better life because of a better job, or remarriage, this must be weighed against the non-custodial parent’s right to maintain a sustained relationship with his or her child. Each relocation request must be considered on its own merits, with all of the relevant facts and circumstances presented and an emphasis on how the outcome will affect the child or children involved.
Factors Courts Consider in Child Relocation Cases
The courts will examine a number of factors when deciding relocation requests, including:
- The reasons for the request
- The reasons for opposing the relocation
- The relationships of both parents with the child
- How a relocation will impact the relationship with the non-custodial parent
- How the relocation will impact the life of the child and the custodial parent both financially and emotionally
- Whether the child and the non-custodial parent can maintain a long-distance relationship through visitation
New York courts may also consider the child’s educational opportunities, stability, and overall quality of life when evaluating a proposed relocation.
How Does the Child Relocation Process Work?
There are several steps involved in the child relocation process in New York State. Though every case is different, and some cases are certainly more contested than others, the process generally unfolds as follows:
The Other Parent Announces Plans to Relocate
In many cases, the process begins when the mother informs the father that she intends to move away with the child. Sometimes this conversation happens informally. Other times, written notice may be required under an existing custody agreement or court order.
Existing Custody Orders Will Be Reviewed
Once relocation becomes an issue, the courts will generally review any existing custody agreements, parenting schedules, and prior court orders. If the proposed move would substantially interfere with the father’s parenting time, the court will likely examine the situation very carefully.
A Relocation Petition May Be Filed
If the parents cannot agree on the relocation, the parent seeking to move will generally have to file a formal petition with the court requesting permission to relocate with the child. At this point, the father will have the opportunity to formally oppose the request and present evidence explaining why the move may not be in the child’s best interests.
Both Parents Will Present Evidence
Relocation cases often involve extensive evidence and testimony. Depending on the circumstances, this evidence may include:
- Employment records
- Financial documents
- School records
- Parenting schedules
- Witness testimony
- Communication records between the parties
- Evidence regarding the father’s involvement in the child’s life
- Evidence concerning the emotional impact the move may have on the child
Generally speaking, fathers who maintain active and consistent involvement in their child’s life are often in a stronger position to challenge relocation requests.
The Court Will Determine the Child’s Best Interests
New York courts are expected to evaluate the “totality of the circumstances,” rather than focusing on only one issue. This means judges will attempt to determine whether the benefits of the relocation outweigh the potential harm caused by reducing the child’s relationship with his or her father.
A Final Decision Will Be Issued
At the conclusion of the case, the judge may approve the relocation, deny the relocation request, or modify custody and parenting time arrangements. In some cases, if relocation is approved, courts may create revised parenting schedules involving school vacations, holidays, summers, and virtual visitation.
As you can see, relocation cases are often highly complex, which is why it is important to have knowledgeable legal representation on your side from the very beginning.
How Can an Attorney Help Me?
If you are a father involved in a relocation dispute, having an experienced attorney on your side can make a significant difference. At Dow Divorce Law, our firm works to protect fathers and ensure they have a meaningful opportunity to maintain strong relationships with their children. Our firm can help by:
- Reviewing your custody agreement and existing court orders
- Determining whether the proposed relocation violates current custody terms
- Gathering evidence demonstrating your role in your child’s daily life
- Presenting evidence regarding the emotional impact the move may have on your child
- Challenging unsupported claims regarding the benefits of relocation
- Protecting your parenting time rights
- Representing you during Family Court hearings
- Negotiating revised parenting schedules where appropriate
- Cross-examining witnesses and presenting evidence during litigation
- Filing emergency applications if the other parent attempts to relocate improperly
- Seeking custody modifications when circumstances warrant them
- Fighting to preserve your relationship with your child
Need Help With Spousal & Child Relocation Laws? Contact Us To Learn More
As NY and NJ divorce and child custody lawyers, we are well-versed in all of the legal ramifications of a potential relocation. We will sit down with you in a confidential Legal Strategy Session to advise you on this matter and represent you in any application made to the courts to request or oppose relocation. Contact a skilled spousal and child relocation attorney from Dow Divorce Law today.
