A parental relocation when custody of minor children is shared almost always requires pre-approval by the court and careful adherence to legal procedures. Parents who want to move to accept a new job, develop a new relationship or tap into support systems provided by their extended family typically need either the consent of the other parent or approval from a family law judge.
Unlike some states, New York does not have a relocation statute that imposes requirements on parents looking to move their child out of state or a specific number of miles away. Instead, most couples establish geographic restrictions for move-away scenarios in their custody arrangements. Clauses that require a parent to stay within a radius of 35 or 50 miles of their current residence, their former marital residence or the other parent’s home are relatively common. Other times, couples may agree that pre-approval is necessary for moves that take the children out of their current school district.
Before any relocation, the custodial parent wishing to move must provide notice to the other parent about their plans. Typically, written notice must be provided 60 or more days in advance (as directed by the existing court order) to give the other parent sufficient time to respond with any objections. The written notice must also provide clear information about the timeline for the move, the new location and the reasons the move is necessary.
If the parents can reach an agreement that allows the move to proceed, they can work cooperatively to complete an uncontested custody modification. If the parent who does not intend to relocate disagrees with either the move or the consequences that the move will have for their shared parenting or visitation, then the modification request is considered contested. The court will have to weigh in.
In general, while relocations can lead to improved familial stability, higher household income or access to better resources for the children, every proposed custody modification has to serve the best interests of the children. Parents proposing relocations generally want to highlight the benefits the children may derive from the move, as well as the importance of maintaining their bond with the children. It is also critical to approach the court with a plan that will allow the other non-relocating parent to preserve their relationship with the child despite the move.
Mistakes when providing official notice or preparing paperwork to request a modification hearing for a relocation dispute can undermine a parent’s chance of success and complicate their attempts to rebuild their lives after a divorce. Family law attorneys familiar with child custody matters can help parents review the existing custody order to determine what limitations may apply and adhere to the appropriate procedures for sending notice. If the matter does eventually require litigation, a child custody attorney can also help present the matter in a compelling fashion that prioritizes the issues that typically matter most to judges.
Bryan L. Salamone and Associates P.C. offers experienced guidance for Long Island parents concerned about relocation requests and other custody modifications. Contact our New York firm today to schedule an initial consultation by calling 631-388-6009 or contact us online.