Can I move out of New York State with my child?

When a couple that has children together decides to get divorced, one of the things that will have to be determined is custody. The custodial parent is the parent that is with the child for more than 50 percent of the time. That being said, the noncustodial parent still has parental rights. Of course, it is always difficult for the noncustodial parent to find out that they will see the child for significantly less time than they once did. When the custodial parent wants to move out of state with the child, the noncustodial parent may be devastated. If a parent wants to move out of state with the child, the other parent is able to contest the move in court.

Relocation cases are difficult because the parent who wishes to move away will have to convince the court that it is a good idea and that the move is serving the child’s best interests. The court will have to take a number of factors into consideration when determining whether to approve the relocation, such as:

  • how the move will impact the child’s relationship with the other parent
  • how the move will impact the child’s relationship with extended family
  • how the move will impact the child’s social and academic life
  • why the custodial parent wants to move
  • why the noncustodial parent opposes the move

If you have questions about relocation with a custody agreement, contact our firm today.

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.