When one parent wishes to move–whether across the state, out of state, or even internationally–it can create major complications, especially if the other parent shares custody. In New York, these cases are taken very seriously. They’re also highly fact-specific, meaning no two cases are exactly the same. Courts must weigh the impact of the move on the child’s well-being above all else. Continue reading and reach out to a knowledgeable Rochester family lawyer to learn more about how courts handle parental relocation in New York. Here are some of the questions you may have:
What Factors Do New York Courts Consider in Relocation Cases?
In relocation disputes, the court’s guiding principle is the “best interests of the child.” This may sound like a vague standard–and it is deliberately broad–judges do have specific criteria they look at when deciding whether to allow a relocation.
First, the court considers the reason for the move. Is the relocating parent doing so to take a better job, be closer to extended family, or escape a situation that might be harmful or unsustainable? A legitimate reason carries more weight than one that seems arbitrary or spiteful.
Next, judges look at how the move would affect the child’s relationship with the non-relocating parent. If relocating would drastically reduce the time that parent can spend with the child, the court will examine whether a reasonable alternative parenting schedule could still preserve that relationship.
The quality of life in both locations is also relevant. Will the child have better educational opportunities in the new city or town? Is the neighborhood safer or more stable? These questions help the court assess whether the move would provide a meaningful benefit to the child.
Can a Parent Relocate Without Permission?
In most cases, no. If there is a custody order in place, a parent cannot simply pick up and move with the child without the other parent’s consent or a court order allowing the move. Doing so could result in legal consequences, including a change in custody.
Even if the parent with primary physical custody wants to move, they must first seek the court’s permission if the relocation will significantly impact the child’s access to the other parent. This is especially true if the move is far enough that regular visitation becomes difficult or impossible.
The key takeaway is to always go through the proper legal channels. Relocating without following the process could not only backfire–it could put custody at risk.
What Can You Do If You’re Facing a Relocation Dispute?
Whether you are seeking to relocate or trying to prevent a move, it’s crucial to act quickly and get legal guidance early. These cases move fast, and the stakes are incredibly high. An experienced family law attorney can help you build a strong case, present compelling evidence, and advocate for your child’s best interests.
Parental relocation cases can be emotionally draining. However, with the right support and representation, you can have peace of mind. Don’t go through it alone–protect your rights and your relationship with your child.
If you have further questions or wish to speak with a knowledgeable attorney about your case, simply contact Lacy Katzen LLP today.
