For many children, a divorce can be quite the adjustment, as they will have to get used to the new normal. This includes switching between parents’ homes or only seeing one parent during their visitation time. However, when one parent needs to move, this can further impact the current custody arrangement. As such, understanding how parental relocation will affect a custody arrangement is critical. The following blog explores what you should know about this issue, including the importance of working with a Long Island relocation lawyer to help you through these difficult times.
How Will Parental Relocation Impact the Custody Arrangement?
If one parent is moving a considerable distance away from their ex-spouse, whether it be out of state or a substantially further distance within New York, it will impact the current custody arrangement.
Generally, the primary concern when one parent moves away is that the other parent will be unable to see the child as per the custody arrangement. For example, if a parent is moving six hours away, it is unreasonable to expect the other parent to drive that distance for an hour-long visit with their child. Similarly, it can make the current custody arrangement unviable if you and the other parent alternate custody on a fixed basis, like every three days. As such, the court will need to consider a number of different factors before determining how to handle a relocation.
It’s important to understand that, in addition to examining whether or not the relocation is in the best interest of the child, they will also take the following factors into consideration:
- Why you moving
- Why the other parent contests the move
- The relationship you and your ex-spouse have with the child
- How old the child is
- How a move would impact the child’s education and extracurricular activities
- If you are moving closer to or farther away from family
- If the area you are
What Should I Do if I Need to Move?
In the event you need to move and you share custody with your ex-spouse or your ex-spouse has visitation rights with your child, it’s imperative to understand that there are steps you can take to fight for the best possible outcome in these matters.
If your ex-spouse refuses to consent to the relocation, you’ll need to petition the court to modify the current custody arrangement. Typically, a move of this nature warrants a substantial change in circumstances, and thus is a valid reason that the court would consider modifying the current court order. However, you should note that you will have the burden of proving that your relocation and the subsequent change to the custody order are in the best interest of the child.
The most important thing you can do if you need to move and you share custody or your spouse has visitation rights with your child is to contact an experienced attorney. At Barrows Levy PLLC, we understand how complicated these issues can be and the impact they can have on you and your family. As such, our firm is committed to doing everything in our power to help you seek the best possible outcome. Contact us today to learn how we can fight for you.
