The Effects of Relocation on Child Custody

When a former spouse or partner wants to relocate with your children, it can have a significant effect on your entire family. No matter the reason for the move, divorced parents must follow certain guidelines set forth by the state and through the couple’s divorce agreement.

Providing notice

Custodial parents cannot relocate with children without first providing written notice to the noncustodial parent. Individuals with custody must allow enough time for the noncustodial parent to raise concerns about the move, or challenge the decision in court.

Objecting to relocation

As a noncustodial parent, you may object to your spouse’s move by filing a motion with the court. During your hearing, you can present your case to a judge who will weigh the impact of the move against the best interests of the children. Judges typically consider the reason for the move, the relationship between each parent and their children, the affect the move will have on the children’s quality of life and the affect the relocation will have on relationships with parents and extended family.

Justifying the move

If you are the parent who wishes to relocate, you must provide solid evidence that your move is in the best interests of your children. Relocation hearings are taken seriously, and the judge will want to ensure that you are not relocating your children to physically or emotionally distance them from their other parent. In certain cases, judges may even consider granting custody to the parent who does not move, in an effort to maintain stability for the children.

If your move is approved, the judge will most likely require that a parenting plan be put in place. Such plans may outline specifics related to visitation, long-distance communication, travel expenses and more.

If you would like further guidance on your visitation and parental rights, speak with a knowledgeable Long Island child custody attorney at Bryan L. Salamone & Associates.