Relocation Child Custody and Move-Aways
The Issue
When a married couple with children undergoes formal divorce proceedings, the issue of child custody and relocation must be decided by the court if the parents cannot reach an agreement. Broadly speaking, there are two types of custody arrangements: sole custody and joint custody. In either case, one parent is typically awarded sole physical custody of the child while the other parent retains certain visitation and rearing rights. However, these custody arrangements can be complicated by a parent’s desire to relocate with their child. Some states like Michigan and Arizona require parents to obtain the consent of the other parent or the permission of the state’s court system before they can relocate with their child to another state or 100 miles within the state. Advanced notification of a potential move and child relocation is also required. It is important that parents keep these custody and relocation requirements in mind because a failure to comply with them can jeopardize their chances of obtaining a favorable custody arrangement pursuant to a child custody relocation.
Custody Relocation Litigation
Child custody relocation laws are very strict in New York. A parent must go through the courts if he or she wishes to make a move with a minor child. When parents cannot agree on the details of a potential child relocation, the issue of relocation must be reexamined by the court and is generally decided on the basis of the child’s “best interests”. What specifically that entails can vary from state to state and even from case to case, and although a great many guidelines and criteria exist to aid courts in their determination of this matter, it generally boils down to what a judge feels or believes will be in the child’s “best interests”. This is why it is important for parents on either end of a potential relocation to hire competent and experienced legal representation as soon as the issue presents itself. The sooner you can create a legal strategy, the better your chances become of obtaining a favorable decision. It also important to critically examine your decision to move or contest a move. If your decision is driven by a desire to hurt the other parent, or if you are not making a good faith effort to act in the true best interests of the child, then you stand a good chance of having your parental rights curtailed as a result of an unfavorable court decision for your child custody relocation.
Recent Developments
Although fathers rights advocates have made progress in advancing their cause, mothers are still awarded custody in the large majority of cases. Throughout the country, this trend has created a rapidly developing and hotly contested area of law that revolves around child relocation. Generally speaking, the contention is over the mother’s right to relocate over the objections of the father. Usually, the father is able to delay or totally prevent a child relocation unless the mother can demonstrate that the relocation will improve the child’s life. This is because the trend among the states has been towards a presumption favoring involvement from both parents. However, opponents of this trend maintain the right of the mother to relocate and start a new life with her children, and have even adopted novel legal strategies involving the Constitutional right to travel as justification for their position.
Contact a highly competent family attorney in New York City – Julia Vangorodska. He will give you all legal options available in your case.
