When former spouses move on after a divorce, they often experience a variety of new changes in their life. In some cases, this can require one of them to move, either to a different city, state, or country. In the event that they have a child with their former spouse, this can make the situation difficult. Typically, neither parent of a child is okay with not living near their child and being able to see them. It is because of this that these situations may call for the help of the court to settle. Continue reading below to learn more and contact an experienced New York family law attorney.

How Does Custody Factor In?

In a New York divorce case where spouses have children together, custody arrangements will be established. This designates both physical and legal custody. While physical custody determines the parent with whom the child lives with, legal custody determines the influence a parent has in their child’s life. By obtaining legal custody, parents have the right to be involved in making decisions regarding the child’s upbringing. This can include matters such as healthcare, education, religion, and even relocation. Non-custodial parents should always fight for legal custody, as it allows them to fight for their child during situations of relocation.

How is Relocation Decided in New York?

Sometimes, parents are able to work together in order to settle matters of relocation. However, there are many cases in which parents do not agree regarding the matter and need the help of the court. During this time, the parent who wants to move with their child is required to prove to the court that doing so is in the child’s best interest, not just their own. Alternatively, the parent who opposes the move can argue for their child to stay. Before coming to a decision, the court will also consider the following factors:

  • The relationship between the non-custodial parent and the child
  • The child’s relationship with their extended family
  • The child’s academic and social life
  • The child’s quality of life
  • The reason for relocating
  • Why the non-custodial parent opposes the move
  • How the move may impact the custodial parent’s quality of life

Contact our Firm

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.