Relocation with Children After a Divorce

After a divorce is finalized, children born of the marriage are usually given a specified amount of time with their parents.  Parents may get 50/50 custody of the child(ren) or visitation.  In either situation, the parents are allotted specific time to spend with the child(ren) to ensure their relationship and bond is maintained after the divorce.  However, like with all things in life, sometimes opportunities arise that may require a change in circumstances.  One of these circumstances could be living arrangements.  If a custodial parent intends to relocate with his or her children after the divorce, New York courts will review the relocation case very carefully to make sure the move is in the child’s best interest.

What May the Court Consider in a Relocation Case?

Since the court keeps the child’s best interests at the center of their decision, they may consider a number of different factors when reviewing a relocation matter.  Each case will differ, as no two circumstances are the same.  However, some issues the court may consider may include, but are not limited to:

  • the reason for the move;
  • the quality of the relationship between the child or children with each respective parent;
  • the impact of the move;
  • how the move may affect the child’s quality of life in the future;
  • child’s future contact with the non-custodial parent as a result of the move;
  • negative impact between parents because of the move;
  • impact on the child or children’s relationship with other extended family member relationships;
  • how feasible the move is with regards to maintain a relationship with the non-custodial parent;
  • benefits of the move (including educational, mental, economical, etc.); and/or
  • harm that may be inflicted if the move is or is not allowed.

If you are a custodial or non-custodial parent going through or considering a relocation, you should consult with an experienced family law attorney.  An experienced family law attorney can advise you of your rights as a parent and how your matter can be handled.

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.