Are you facing child custody disputes over relocation matters?
You thought you settled all your child custody disputes a while ago, but your ex is now moving out of the area or even out of the state and they're taking your children with them. Or you'd like to move out of the state and take your children with you.
Child custody disputes over relocation are not taken lightly in New York courts. These issues can greatly affect the bonds the child has to each parent. It can change the child's life if they have to relocate out of their area and leave behind their schools, friends and family members.
What are your rights as a parent when it comes to child custody disputes over relocation?
These issues may sound simple on the surface and you may be tempted to avoid speaking to an attorney in favor of sorting child custody disputes over relocation out verbally with your ex, but you may regret that choice and here's why:
Verbal agreements are great if both you and your spouse are willing to honor them, but there's no repercussions if one of you doesn't. They are not legally binding and therefore, there's really nothing preventing your ex from deciding that they no longer want abide by your verbal agreement, whereas, if you take your child custody dispute to an attorney, a formal legally binding agreement can be drafted and signed, and that can give you some peace of mind.
An attorney can modify the child custody agreement you already have to ensure that your interests are protected. If you or your spouse want to relocate to a different state, perhaps an attorney could help you could fight for primary custody of your child so that they can move with you or stay in the same city they're used to and continue to attend the same schools they're used to. Or, an attorney can help modify your custody arrangement and change your visitation rights.
New York Family Court looks at each case of child custody and relocation on a individual basis. They look at:
- What is in the best interests of the child
- Who has been the primary caregiver or the child
- The impact of the move on the child and the quality of life the child is used to, the relationship of the child to each parent
- The reasons for the relocation
- The economic benefits of moving
- Possible child visitation arrangements with the non-primary custodial parent
Again, each child custody dispute is looked at on an individual basis that considers all the circumstances as well all the unique facts of the case. For more information about your particular child custody case, consult with an experienced family law attorney.