One important question that a person who has an existing custody agreement may ask is whether they are permitted to move out of New York with their child. To move would have a number of different impacts on the child’s life. Depending on how far away the custodial parent wishes to move with the child, they may no longer be able to maintain the current visitation schedule.
The court is always going to make decisions based on the best interest of the child. That is their top priority in every family law situation. There are a number of different factors they will consider. These include the relationship that the child has with each parent, how the move would impact the relationship between the child and the non-custodial parent, how the child’s educational and social life would be impacted, and more.
If the non-custodial parent does not contest the move, the process will be much simpler and the court will not have to make the decision. However, if they do, they will have to go through the “best interests” process in court. It is important that you have strong legal representation to guide you through this process if your request to relocate with your child is contested.
In addition, if you are the non-custodial parent and you do not want the other parent to move away with your child, you should also have an experienced family law attorney who can help you protect your rights as a parent and ensure you are still able to see your child regularly.
If you are in need of experienced and dedicated legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family or criminal law matters.