Once divorces are completed, spouses go their separate ways. They will change residencies to better suit their individual lifestyle. They may eventually be faced with bigger changes. When children are involved in these families, the possibility of relocation of a former spouse may affect your child. If you are faced with a former spouse who is looking to relocate with your child, you will have to fight for your child. This can be a tumultuous time as it may affect your relationship with your child. You will want to ensure that you are not far away from your child, making it impossible to see them. Your relationship with your child is the most important thing. When these situations arise, you have the option of filing a motion to bring your former spouse to court. This can help settle the case.
What if I don’t have physical custody?
Even if you do not have physical custody of your child, you have the ability to prevent your former spouse from relocating with them. You may have legal custody. Legal custody grants you the ability to make important decisions in your child’s life. These decisions can be regarding their health, their education, religion and much more. This can apply to the location of your child and where they reside. It is important to fight against relocation even if you do not have physical custody.
How does the court decide?
When these cases are brought to court, the judge understands the sensitivity of the topic. The judge will always try to look out for the best interests of the child. The court system upholds the belief that children should have an open form of communication with each parent to provide a healthy relationship with each one. When a parent wants to take the child to a different area, this may disrupt the visitation rights of the other parent. With this in mind, the court may not allow such a thing to occur. The judge will take into account all aspects that can affect the relationship of the child with each parent. They will also consider how this change can affect the child’s overall well-being to prevent any issues from appearing.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.