People move to different cities, states and even countries on a daily basis. If you are thinking about moving sometime soon, it might not seem like a big deal to do so. However, if you have children and if there is a child custody agreement in place, then your move could be a little bit more complicated than it might otherwise be. Fortunately, a good lawyer can assist with this.
Relocation in Regards to Child Custody
Depending on the child custody agreement that has been put into place, here is a chance that you might be restricted in regards to where you can live. For example, if you have sole or primary custody of your children, your child custody agreement might state that you cannot move a certain distance away from your current home. This is typically done for the best interests of the children. Basically, judges in family court worry about custodial parents moving away and making it difficult for the non-custodial parent to have visitation with his or her children.
Relocation Laws in New York State
Even if your child custody agreement states that you are not supposed to move away with your children, you may still be able to do so. However, to avoid being in violation of your child custody agreement, you cannot do so without going through the proper process. This means that you will have to go to court and basically ask a family court judge for permission to move.
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The judge will look at a few different things when determining whether or not to grant your request. For example, he or she might look at how your children's lives will be affected if you do choose to make this move, such as if it will be difficult for them to spend time with their non-custodial parent or other family members who they have a close bond with. The judge might also ask about the purpose of the move and may try to determine if the move will be beneficial for your children, such as if you will have a stable home or if you will have more of a household income. A lawyer can help you fight your case to help you get your relocation approved.
How an Attorney Can Help You
If you are in a situation in which you need to move but if you do not want to violate your child custody agreement, you could be wondering what to do. Some people fear that they will not be able to make a move that they need to make because of their child custody agreement. However, a good attorney can help you with this situation.
One of our lawyers can help you file the necessary petition to ask the court for permission to relocate. Then, when you go to court for your hearing, one of our attorneys can help argue your case to help you get permission to make this necessary move. Plus, an attorney can also help with negotiations for a new child custody order and can help in other ways as well, such as with matters of child support.
We know that your child custody agreement is important to you, and we want to do everything that we can to assist you during these upcoming life changes. If you would like to find out more about how we can help you with your family law case, contact us today, and we will schedule a consultation. Then, you will have a chance to sit down with one of our experienced legal professionals to get professional advice about how to handle your case.