It is normal to want to seek a fresh start in a new place after a divorce. However, if you have a child, it becomes more difficult for you to relocate as a custodial parent. The court believes that both parents have equal rights to parenting time. Relocation could deprive a non-custodial parent of quality time with their child. When determining whether or not a child should be relocated, the court will evaluate if it is in the child’s best interest. Ultimately, the decision is up to the court, as you cannot relocate without permission from the court. If you are curious about what factors impact your ability to relocate with your child after a divorce, reach out to a trusted Rockland County Family Law Attorney who can assist you through the process.
After a divorce, will I need to be granted court approval to relocate with my child?
Generally, a judge will address relocation when discussing child custody in court. Typically, the judge will order the custodial parent to remain within a limited geographical region to ensure that the child is in close proximity to both parents. It is important to the court that the child benefits from having a relationship and is nurtured by both parents. However, if the court does not address relocation, the custodial parent must be granted court approval to relocate.
In New York, both parents will have to go in front of a judge to dispute their reasoning for seeking and opposing the relocation. The most important factor that the court assesses is if the child were to relocate, how will it impact the child’s overall well-being? In New York, the child’s best interest is the main priority. The court will take into account how the relocation will impact the child’s life educationally, financially, and emotionally. The overall reasoning for relocation will be assessed thoroughly during a relocation hearing.
What factors may influence whether or not I can relocate after my divorce?
The court will consider several factors when determining whether or not it is in the child’s best interest to relocate. In determining whether relocation is the best option, the court will evaluate the parent’s good faith reasoning for relocating. The court will assess that your reasoning for relocation is based on sound logic. They will evaluate and assess:
- the financial consequences of the move
- the ability to preserve a relationship with the non-custodial parent
- the emotional and physical health of the child
- the current child custody agreement and visitation rights
Under New York law, if you are looking to relocate with your child after a divorce, you must acquire court approval. Without permission from the court, you must stay put. If you are trying to obtain consent to relocate with your child after a divorce, reach out to an experienced Rockland County Child Relocation Attorney who can assist you.
Contact Our Rockland County Family Law Firm
If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.