Can my former spouse relocate with our child?

Divorce cases can involve deciding on marital issues. These issues range from monetary issues to decisions on their child. Courts can make these decisions or spouses can agree on the terms of these decisions in mediation sessions. Child custody arrangements should always act in the best interests of the children. Based on the current situation and how the child’s life can be affected, the court should try to determine what the best option for the child is. Since a relocation can have a huge impact on a child’s life, it is important that the court considers all the factors involved. If they believe it may be a negative impact, the court may rule that they are not in favor of this option.

How can custody affect relocation?

If the opposing parent has sole custody, a court can still become involved in the relocation issue if you take legal action. The court system tries to maintain an open forum for communication and relationship growth for the child with both of their parents. They believe this to be a healthy way of looking at the situation. However, if they are concerned with the background of one parent, they may only be given visitation rights and not custody of the child. Since visitation allows for a relationship between the child and parent, it is highly considered by the court. If a child is moved to a different area with one parent, it can have a negative impact on their relationship with the other parent. This can be considered by the court when they are making their final decision. With this in mind, the court may not allow such a thing to occur. Even when some children are too young to speak for themselves, the court tries to give them a voice by acting in their best interest. There are so many things to consider when dealing with a situation this serious. The courts must interpret the relationships the child has with each parent and how it can be affected by a move. If they believe their relationship with their parents could be negatively affected, they may not rule in favor of the relocation.

Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.