For many people, a divorce is a fresh start. During the process, many people sell their homes. As a result, you may wish to move out of state with your child. If you are interested in relocating with your child, you will have to get permission from your ex-spouse, and in some cases, a New York court. Read on to learn more about the relocation process.
Physical Custody vs Legal Custody
There are two main types of custody that are awarded in New York- physical and legal custody. Physical custody determines the child’s custodial parent. This means they will live with this parent the majority of the time, but may also spend time in their other parent’s home.
Legal custody gives a parent the right to be involved in making important decisions throughout the child’s life. This can include matters such as medical treatment, education, religious practices, general upbringing, and even relocation. Even if a parent does not have physical custody, they may still be able to obtain legal custody. This allows them to have a voice, especially in the event that the custodial parent wishes to move with their child.
Relocating With Your Child
Some cases of relocation can be settled between the parents themselves. Other times, parents may go through litigation to determine child relocation. When this happens, the moving parent must convince the court that relocating is in the child’s best interest. Alternatively, the opposing parent has the opportunity to express their disagreement. As child relocation is a sensitive matter, the judge considers several factors regarding the impact it will have on both the parent and the child before reaching a decision. A judge may consider how the move will impact:
- 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
In addition to this, the court may also consider several factors related to the parents. This can include:
- The reason for relocating
- Why the non-custodial parent opposes the move
- How the move may impact the custodial parent’s quality of life
If you have any questions or concerns about relocating with your child after a New York divorce, reach out today.
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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.
