Relocation in child custody matters

Divorce can cause special challenges long after the paperwork is filed and decree issued, but this is especially true where child custody is concerned.

For single people or a married couple with children, relocating to take advantage of a better job opportunity, be closer to necessary medical services, or another important reason is a relatively straightforward undertaking. For a divorced couple with minor children, the process is a lot more complicated, especially if:

• A custody order is in place
• The non-custodial parent does not agree to a modification

Whether it is the custodial or noncustodial parent who is required to move, both custody and visitation schedules are affected and the relationship between the children and the relocating parent becomes more tenuous. While the rights and needs of the parents regarding job opportunities and personal obligations (e.g. moving to be near a sick relative) are all factors that must be considered, the most weight has to be accorded to the rights and needs of the children.

How do judges determine relocation cases?

Even if your ex has sole custody of the children, he or she cannot simply pull up stakes and move to another state or even city without approval from the court. New York Family Court judges review factors like the following before deciding whether or not to modify the custody order to allow relocation.

• The best interests of the child
• Any opportunities or losses for the child
• How such a move will affect the child’s relationship with the non-custodial parent as well as extended family members such as grandparents
• The presence of advantages such as better educational opportunities or treatment options for a medical condition the child may have
• The good faith of the parents in requesting or opposing the relocation
• The strength of the child’s attachments to the custodial and noncustodial parent

An experienced New York family law attorney can help you oppose relocation by demonstrating that the move would be detrimental to your relationship with your children and therefore not be in their best interests. Should your ex deliberately locate without having obtained court approval beforehand, your attorney will work with you to obtain an order forcing him or her to bring the children back so you can maintain the parent-child relationship.

Conversely, if you are a custodial parent seeking to move, then your attorney will help you build a solid case, proving that the relocation is in the best interests of the children. Once relocation is approved, your lawyer will help modify the current custody order and visitation schedule to ensure that the children maintain a strong relationship with both you and your former spouse. Call 718-402-5204 to schedule a free consultation with an attorney at Eskin & Eskin, P.C. We are a law firm handling divorce and family court cases throughout the Greater New York City area. Our team of lawyers has over 40 years of combined experience. Visit www.EskinandEskinLaw.com to learn more about a family law firm for your family law needs.