Going through a divorce is a challenging experience. If you are a parent, the process can become even more complicated when you consider the possibility of relocating with your children after the divorce. Whether you are thinking about moving to a different city, state, or even out of the country, this decision can have significant consequences on your custody arrangements and your relationship with your children. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the stress and uncertainty you may feel as you navigate these decisions, and we are here to guide you through every step of the process. Our compassionate and dedicated team is committed to helping you achieve the best possible outcome for your family.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding the Legal Landscape of Relocation in New York
In New York, the law requires that parents obtain either the consent of the other parent or permission from the court before relocating with children after a divorce. This is especially important in cases where the move may significantly impact the other parent’s ability to have regular contact with the child. When parents cannot agree on whether a move is in the best interest of the child, the court will get involved. The court’s primary concern will always be the child’s well-being, and it will carefully consider factors such as the child’s relationship with both parents, the reason for the move, and how the move will impact the child’s life. This decision is never taken lightly, and understanding the legal requirements and how they may apply to your specific case is crucial to ensure you make the right choices.
Why Parental Consent Matters
If you and your ex-spouse can agree on the move and its terms, such as how often the child will visit the non-relocating parent, you can avoid going to court. However, even if both parents are in agreement, this decision still needs to be documented and legally approved to ensure that the change in the custody arrangement is recognized by the court. It is always advisable to consult an attorney who can help you draw up an agreement that is fair and legally binding. At times, parental consent may not be enough if the relocation would significantly disrupt the child’s life or cause emotional distress.
The Role of the Court in Relocation Disputes
When parents cannot come to an agreement about relocating, the court will have to make the final decision. The judge will assess the situation based on several factors to determine whether the move is in the best interests of the child. These factors include the reasons for the relocation, the impact on the child’s relationship with the non-relocating parent, the child’s age and needs, and the child’s emotional and physical well-being. Additionally, the court will consider how the move may affect the child’s education, social life, and community ties.
If you are the parent who wishes to relocate, you will need to prove that the move is in the child’s best interest. On the other hand, if you are the parent opposing the move, you will need to demonstrate that the relocation would harm the child’s well-being. This can be a difficult and emotional process, but it is important to remember that the court’s ultimate goal is to protect the child’s best interests. Understanding the legal framework and what the court looks for in these cases is key to ensuring that you present a strong case.
Choosing a Divorce Attorney
First Step of the Divorce Process
Related Videos
How the Move May Affect Custody Arrangements
Relocating with children after a divorce often leads to changes in the existing custody arrangements. Depending on the distance of the move, the court may modify the existing custody or visitation order. If the move is significant, the court may alter the parenting plan to accommodate the new circumstances, which may include adjusting the time spent with the non-relocating parent or the frequency of visitation. In some cases, the court may even decide to grant full custody to the parent who is staying in the area, especially if the move would disrupt the child’s relationship with the other parent.
It’s also important to understand that a move can impact child support payments. The relocating parent may be required to modify the child support agreement if the new living situation changes the financial dynamics of the family. Both parents need to be prepared for these potential changes and be ready to work together to come up with a fair solution that serves the child’s best interests.
Factors the Court Considers When Deciding on Relocation
New York courts rely on a set of criteria to determine whether relocating with children is in their best interests. These factors include the reasons for the move, the impact on the child’s relationship with the non-relocating parent, and how the move will affect the child’s education, health, and social life. Additionally, the court will assess the child’s age, maturity, and preference, especially if the child is old enough to express a clear opinion about the move.
The relocating parent’s reasons for the move are critical in the court’s decision-making process. If the move is motivated by a desire to improve the family’s financial situation, for example, it may be viewed more favorably than a move made for reasons that are less related to the child’s well-being. On the other hand, if the move is primarily motivated by a desire to distance the child from the other parent, this could be viewed negatively by the court.
Another key factor is the level of involvement the non-relocating parent has in the child’s life. If the parent opposing the move has been actively involved in the child’s upbringing and has a strong bond with the child, the court may be less inclined to approve the relocation. However, if the non-relocating parent has not been as involved or does not have a strong relationship with the child, this may impact the court’s decision.
How an Attorney Can Help You Through the Process
Given the complexity of relocation cases, it is essential to have an experienced attorney by your side to navigate the legal requirements and advocate for your rights. An attorney can help you understand the law, gather the necessary evidence to support your case, and present a compelling argument to the court. Whether you are the parent seeking to relocate or the parent opposing the move, having legal guidance can make all the difference in achieving a favorable outcome.
An attorney can also help you negotiate with your ex-spouse to reach an agreement about the move and its impact on custody and visitation. If an agreement cannot be reached, your attorney will be prepared to represent you in court and advocate for your child’s best interests. In either case, working with a knowledgeable attorney can ease the burden of this difficult process and give you peace of mind knowing that your case is in good hands.
If you are facing the prospect of relocating with children after a divorce in New York, it is important to understand your rights and the legal process. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to help you navigate the complexities of relocation cases. Our team is dedicated to providing you with the support and guidance you need to make informed decisions for you and your family. With our experience and commitment to your case, we will work tirelessly to ensure that your case is handled with the care and attention it deserves. If you need assistance with a relocation case, please reach out to us today, and let us help you secure the best possible outcome for your family.