Can my former spouse relocate with my child?
Child relocation matters can be a troubling topic for parents since they do not want to be separated from their children. For parents, not seeing their child every day can already be troubling enough since they are used to that way of life. Child custody arrangements may not give them all the time they want with their child. If their child was to relocate to another area with their former spouse, it can lead to less time to bond with their child and develop a relationship. If your former spouse is trying to relocate with your child, you should take legal action to prevent this from occurring. For these situations, you will need experienced legal counsel to help with your defense.
When these situations occur, you can file a motion to bring the case to court. You can prevent your child from relocating by doing this. A judge will preside over the case and make a decision on the matter. If they believe a relocation of the child will have a negative effect on the child, they may not allow the child to relocate with your former spouse. Even if you do not have the role as custodial parent, you are still able to fight against child relocation. The court system tries to keep the child’s relationship with both parents working. They would not want to jeopardize that. However, if one parent proves that they are unfit as a parent, the relocation of the child may be seen as beneficial. These situations can vary on a case by case basis.
Does legal custody give me a say in relocation matters?
As a parent with legal custody of a child, you are entitled to make decisions for them. These decisions can be in relation to their education, medical treatment, religion and much more. The relocation of your child is another decision that you should be included in. If you believe this relocation will have negative effects on your child, you should speak up. If you do not want your relationship with your child to be affected, you may also be entitled to present this reasoning. The courts do not want to disrupt the child custody arrangement that is in place. If one parent is trying to move across the country with the child, this can cause the relationship between the child and the other parent to be greatly affected. Judges will take into account all factors to make a final decision for the case.
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.