Often, in the months, or even years after a divorce, circumstances will change–sometimes significantly. In these cases, custodial parents may wish to move away with their children. However, these decisions must not be taken lightly, as they often significantly impact the child’s relationship with the non-custodial parent. For this reason, if you wish to move away with your child or are opposing a move, it’s imperative to retain the services of a team of seasoned Long Island parental relocation lawyers for assistance. Sklavos Law Group, PC is here to help.
Parental Relocation Lawyers in Long Island, NY
In New York, custodial parents cannot simply decide to relocate with their child after a divorce. If the move would significantly impact the child’s relationship with the non-custodial parent, court approval is typically required. This includes moves that cross state lines or are far enough away within the state to interfere with existing visitation schedules.
Permission is required to ensure that the relocation aligns with the child’s best interests and does not unfairly diminish the non-custodial parent’s ability to maintain a meaningful relationship with their child. Courts in New York take these matters seriously, as they aim to uphold the child’s emotional, social, and developmental well-being.
If both parents mutually agree to the relocation and modify the custody agreement accordingly, court approval may not be necessary. However, it’s always advisable to consult with an experienced Long Island family lawyer to ensure all legal bases are covered and to avoid future disputes.
How Do Courts Determine if I Can Relocate?
When deciding whether to grant a custodial parent’s request to relocate, New York courts carefully evaluate several factors to ensure that the move aligns with the child’s best interests. These factors are as follows:
The Reason for the Move: Courts will assess whether the move is for a legitimate purpose, such as a new job opportunity, better educational prospects, or to be closer to a support system.
The Impact on the Child’s Relationship with the Non-Custodial Parent: Judges will evaluate how the move might affect the non-custodial parent’s ability to maintain frequent and meaningful contact with the child.
The Quality of Life Improvement: Courts consider whether the relocation will improve the child’s overall quality of life, including access to better schools, safer communities, or enhanced family support.
The Non-Custodial Parent’s Objections: If the non-custodial parent opposes the move, the court will review their arguments, such as whether the relocation might be detrimental to the child or primarily motivated by the custodial parent’s personal convenience.
The Child’s Preference: Depending on the child’s age and maturity, their preference may be taken into account.
Existing Custody and Visitation Agreements: Courts will analyze the current custody arrangement and how the proposed move could alter or disrupt it.
Potential Alternatives: Judges may explore whether there are less disruptive alternatives, such as modifying the visitation schedule to accommodate the move.
How Do I Modify My Custody Agreement?
Modifying a custody agreement to facilitate relocation involves several steps, but a brief outline of the process is as follows.
File a Petition with the Court: The first step is to formally request a custody modification. This petition should outline your reasons for relocating and provide evidence that the move is in the child’s best interests.
Notify the Other Parent: In most cases, you are required to provide notice to the non-custodial parent about your intention to relocate. This gives them the opportunity to respond or contest the petition.
Prepare Supporting Evidence: Courts require compelling evidence to support your relocation request. This may include job offers, housing arrangements, information about schools, or testimony demonstrating how the move will benefit your child.
Attend Mediation (if applicable): Some courts may recommend or require mediation as a way to reach an agreement with the other parent outside of court.
Attend a Court Hearing: If mediation is unsuccessful, the case will proceed to a court hearing. Both parties will present their arguments, and the judge will make a decision based on the child’s best interests.
Receive the Court’s Decision: If the court approves the modification, the custody agreement will be updated to reflect the new arrangements, including any changes to visitation schedules or transportation responsibilities.
Contact Our Long Island Parental Relocation Lawyers
Nothing is more important than protecting your child’s best interests, and if you believe moving away, or, conversely, preventing a move, would serve those best interests, our legal team is here to help. Contact the skilled Long Island parental relocation lawyers here at Sklavos Law Group, PC so we can effectively represent you, every step of the way.
