Bronx Move Away Custody Lawyer
When a court awards custody to one parent, there are still some limitations; one of these is that to move away from the Bronx with a child, a custodial parent must seek court approval. Clearly, this is a much easier task if the child’s other parent agrees to the move, because the court wants to see the child continue to have a good relationship with the noncustodial parent. However, even if the child’s parents are on friendly terms, they can find themselves at odds over the custodial parent moving away with the child. On the one hand, the custodial parent wants to move to take advantage of some opportunity rather than be tied to their old life, and on the other hand, the noncustodial parent does not want their relationship with their child to suffer due to distance. Both are understandable, and both parties are usually strongly motivated. If you are considering relocating with your child or if you fear your child’s other parent plans to take your child out of the area, immediately contact a good Bronx move away custody lawyer.Restraining the Child’s Other Parent from Moving the Child
If you are the noncustodial parent, you certainly want to act before your child’s other parent moves with your child. One of the first things your lawyer will want to check is whether or not you and your spouse made any kind of agreement about whether or not the custodial parent could move away from the Bronx with the child. It’s possible this was part of your divorce agreement. Absent such an agreement, your lawyer could petition the court to restrain your child’s parent from moving the child without court approval. But even if you did agree that your spouse could move with your child, if it is contrary to your child’s best interests to move, your attorney could still try to stop the relocation. If your child’s parent has gone ahead and moved far from the Bronx without the court’s permission, your Bronx move away custody lawyer can petition the court to return the child to the Bronx.What the Court Will Consider
Whether or not the custodial parent should be allowed to move away far from the Bronx with the child is rarely cut and dried. Here are some of the factors your attorney will bring up to the court for its consideration.
- The best interests of the child, which are always paramount
- The rights of the parent. Parents have a right to have a good relationship with their children, but they also have a right to get on with their lives, take jobs, remarry and do all the normal things of life.
- Impact of the move on the relationship between the noncustodial parent and the child. Normally, the further the child moves away, the harder it is for the noncustodial parent to see the child.
- The reason for the desired move. Taking a better paying job or a job that furthers the career of the custodial parent, getting an advanced degree at a prestigious institution, getting remarried and moving to a community near extended family or where the child could live a better life in a supportive community are all good reasons that the custodial parent’s Bronx lawyer could argue. Of course, these are just examples and not inclusive.
- Harm that might occur if the move is not allowed. This could be anything from the custodial parent missing a once in a lifetime career opportunity or chance to remarry to the child being adversely influenced by criminal or drug-related elements in their current community.
- Economic necessity. For example, if the custodial parent lost their job and has been offered a good job in a different location, this is a good reason to move away from the Bronx.
- Health reasons. For example, the child or the custodial parent might require the ongoing care of specialists not available in the area. Or one of them could have a respiratory condition that doctors say would improve in a different climate.
- Whether the non-custodial parent has an interest in becoming the custodial parent. One possible answer to a custodial parent moving out of the area could be a change in custody. If there are good reasons for the child to remain in their current location in the Bronx, such as close ties to community and extended family, the judge may inquire if the noncustodial parent wants custody.
- The feasibility of a change in custody. Even if the noncustodial parent is interested in having custody, it may not be feasible. Examples might be where the parent travels three weeks out of the month for work or lives over a bar.
- Ties are to the noncustodial parent. If the noncustodial parent keeps in close contact with the child, they have better standing to oppose the custodial parent moving far from the Bronx.
- Child’s ties are to the community. If the child is very involved with community activities that would be disrupted if the child moved, the judge will take that into account.
- Good faith. The court will look closely at the noncustodial parent’s motivations. Are they really concerned about a disruption of their relationship with their child or are they opposing the custodial parent out of spite or other less than stellar reasons?
- Visitation schedule. A big consideration is what kind of practical visitation schedule can be set up with the noncustodial parent so they can keep a good relationship with the child. Also considered is how willing the custodial parent is to help the noncustodial parent maintain a good relationship with the child.
- Quality of life. The judge can consider the broad question of the difference a move will make in the child’s quality of life for better or worse.
- Extended family relationships. Moving could either help or harm the child’s relationships with extended family.
A judge has a lot of latitude and can consider many factors when a custodial parent wants to move away far from the Bronx with a child. You need a good Bronx custody lawyer to make your case. The attorneys at Stephen Bilkis and Associates have years of experience successfully representing clients who have custody disputes, as well as those who need representation in divorce, child support or spousal support matters. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.