After a divorce, former spouses can experience significant changes in their life. Sometimes, these changes may require them to relocate. This may be to a different town, city, state, or country. While moving can be an exciting time in a person’s life, the situation can be made complex when they share a child with their former spouse. Generally, neither parent wants to be without their child. It is because of this that these situations sometimes need to be settled through litigation. Continue reading below to learn more and contact an experienced New York family law attorney.
Physical Custody vs Legal Custody
During a New York divorce case, child custody arrangements are established. This determines physical and legal custody. While physical custody refers to the parent the child spends the majority of their time with, legal custody allows a parent to have certain influence in their child’s life. When granted legal custody of their child, the parent has the right to be involved in making decisions regarding the child’s upbringing. This can include matters such as healthcare, education, religion, and even relocation. It is important for non-custodial parents to always fight for legal custody, as it can give them the right to fight for their child during cases of relocation.
New York’s Relocation Guidelines
There are some cases in which parents can work together to settle matters of relocation on their own. However, there are other cases that require the help of the court. When a parent wants to move with their child, they are required to prove to the court that relocating is in the best interest of their child. On the other hand, the parent opposing the move can argue their stance as well. To determine what is best for the child, the judge will consider various factors, such as:
- The relationship between the non-custodial parent and the child
- The child’s relationship with their extended family
- The child’s academic and social life
- The child’s quality of life
- The reason for relocating
- Why the non-custodial parent opposes the move
- How the move may impact the custodial parent’s quality of life
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.