Many individuals struggle to make ends meet after a divorce or ending of a relationship. They did not consider the financial impact that the divorce would have on their lives. This major change often leads to the individuals needing to find a new place to live, and it can be difficult to find something in their price range. While support payments may help during this period of transition, these payments may only be a small portion of the expenses that they have after the divorce.
It is not uncommon for these individuals to consider relocating with the child to find a better economic situation for their families. It might be a new job in a new city, or potentially just a more affordable living situation, but the custodial parent may request a change to the custody agreement that the parents currently have in place. This could greatly impact the amount of time that the noncustodial parent will be able to spend with the child, which may result in this parent refusing to agree to the relocation.
Parents unable to resolve these disputes will have to have the court determine whether or not the relocation should be permitted. New York courts consider several factors when examining the relocation request. The custodial parent will have the burden to demonstrate that the move is in the child’s best interest, and the specific facts of each case will need to be analyzed before the court will make its decision.
Frequently, the noncustodial parent will attempt to show that the relocation will have a negative impact upon the relationship with the child. Because the move may take the child far away, perhaps to another state or country, these parents will be unable to have their regularly scheduled visitation time with the child. The parent’s inability to be present and actively involved in the child’s life is only one issue that the courts will need to analyze, and this may not be enough to have the relocation request rejected.
These cases are very complicated, and it is important that you speak to a family law attorney experienced with child relocation cases as soon as you learn about any potential moves. Your attorney can offer you guidance about the steps that you can take to help you request relocation or retain your visitation privileges.
Because these cases are so factually dependent, you need to understand the items that the court will consider when analyzing these cases. Your attorney will be able to explain what you need to do, and help you consider some of the options that may be available to you in your specific situation.
