Few circumstances are as emotionally disruptive as discovering an ex-partner’s intent to relocate, taking a shared child. Regardless of whether the impetus is a job opportunity in another state or a desire for a fresh start, the prospect of diminished regular contact with one’s child can cause worry, irritation, and doubt. Consequently, many wonder whether they can legally impede an ex-partner from relocating with a shared child. Please continue reading as we explore what you should know about these matters and how a determined Nassau County Family Lawyer can assist you.
Do I Need Permission from the Court to Relocate?
First and foremost, it’s important to understand that “relocation” refers to a parent moving with a child to a new location that significantly affects the other parent’s ability to maintain their parenting time. Nevertheless, intrastate moves may qualify as relocation if they disrupt the child’s routine or the current custody arrangement.
In New York, a parent seeking to relocate with a child to a location that significantly impacts the other parent’s visitation access typically requires the consent of the noncustodial parent or a court order. Such permission is mandated if the relocation exceeds a short distance and would impede meaningful contact with the other parent. Should the parents disagree, the relocating parent is tasked with filing a petition to the court and demonstrating that the move serves the child’s best interests, a standard that considers factors such as the child’s relationship with both parents, educational prospects, and the practicality of maintaining. contact with the non-relocating parent.
Can I Oppose a Relocation?
If your ex wants to relocate with a shared child, it’s imperative to examine your existing custody agreement to determine whether it includes a “radius clause” or other pertinent restrictions on relocation. From here, you should formally object to the relocation by filing an objection to the court and demonstrating that the proposed move is not in the child’s best interests. A court hearing will be scheduled in which both parties will have an opportunity to present their case. The judge will take various factors into account, including the child’s relationship with each parent and the rationale for the relocation, prior to rendering a final decision.
As you can see, the resolution hinges upon the existing custody agreement, the parents’ degree of involvement in the child’s life, and whether the proposed relocation serves the child’s best interests. In New York, parental relocation constitutes a grave legal matter, particularly when one parent objects to the move. Understanding one’s rights and acting promptly can be pivotal in preserving the parent-child bond. Contact an attorney at the Law Offices of Eyal Talassazan, P.C. for more information.
