Continue reading to learn whether you need court approval to move away with your child after your divorce and how an experienced Suffolk County relocation attorney at the Law Offices of Susan A. Kassel, P.C., can help you navigate your child custody agreement.
Do I need permission from the court to move away with my child?
If you are only intending to move a short distance away with your child, you will not need permission from the court to do so. However, this may not apply if you intend to move a great distance away. This is because such a move can impact your child custody agreement with your former spouse, as it will prevent them from seeing your child as often as your agreement allows.
So, when it comes to moving a great distance away, your allowance to do so is dependent on your custody agreement. The type of custody you possess may be any one of the following:
- Physical custody: this means that you are the custodial parent and your child lives with you a majority of the time.
- Legal custody: this means that you have the right to be involved in important decision-making, such as your child’s medical treatment, education, religious practices, etc.
- Sole custody: this means that your former spouse was deemed to be parentally unfit and they do not have physical or legal custody of your child.
That said, you can likely move far away with your child without the court’s permission if you have sole custody. However, being granted sole custody is rare, as the courts typically believe that a child will benefit the most from having a relationship with both of their parents.
What will the New York courts consider if I request to move away with my child?
If you share custody with your former spouse, you will need their permission to move far away with your child. So if your former spouse does not give permission, you will have to get permission from the court. When it comes to making a decision about relocating your child, the court will typically consider the following:
- The reasoning for your relocation.
- The reasoning for your former spouse’s disagreement with your relocation.
- The relationship your child has with both you and your former spouse.
- Whether the move will improve your child’s academic and social life.
- Whether the move will improve your child’s economic standing (i.e., you received an offer for a higher-paying job or to attend higher education).
- Whether the move will be closer to your child’s extended family.
- Whether the move will be to a safer area for your child’s upbringing.
- Whether the move is to distance your child from your dangerous former spouse.
For more information on how to go about your child’s relocation, contact a skilled Suffolk County child custody attorney today.
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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.
