I Am Divorced With Full Custody of Our Child. Can I Relocate With My Child?
You cannot just move out of the area with your child if your ex-spouse has court-ordered visitation privileges in New York. Find out if your ex-spouse will consent. Whether your ex will consent or not, you must seek the approval of the New York child relocation court. Consent will not be withheld if your ex approves, but if your ex does not consent, you will have to convince the court that relocating your child is in the child’s best interests. Check to be sure whether or not your ex-spouse agreed in any court document that you could relocate with the child.
How Can I Stop My Ex-Spouse From Moving Away With Our Child?
Check to see if you agreed in any court document regarding your ex-spouse’s ability to relocate with the child. Without such an agreement, your lawyer can petition the court for your ex-spouse to be restrained from relocating the child out of the county without permission of the court or your written permission. If your ex has already relocated with the child, your lawyer can petition the court to return the child to the county.
What Factors Will the Court Consider When Determining If a Custodial Parent Can Relocate a Child?
A. A court will look at the situation as a whole and consider these factors:
Is There Any Hope of Relocating the Child if the Noncustodial Parent Opposes the Move?
A court will weigh the opposition of a noncustodial parent very heavily, but a New York court my still allow a move even in the face of such opposition. If the child will clearly have a better life both because of economic, social and family reasons in the new location, the court will consider the best interests of the child first. A court also looks favorably on a custodial parent who wants to move but is flexible and generous regarding visitation rights to the child.
My Ex Wants to Take My Child and Move Far Away. Can I Get Custody?
If it appears that the best interests of the child may be best served by the child remaining in the area, a judge may ask the noncustodial parent if they are interested in custody. Even if the judge does not ask, if you would like to have custody, discuss this with your New York child relocation lawyer.