Divorce is difficult when kids are involved. There is no easy way to tell a child that their parents will no longer live together and then uproot their life as they know it in a matter of one conversation. Their wellbeing, their feelings, and their future are in question when you decide to end your marriage. It’s made even worse when one of you wants to move out of state. New York relocation laws are strict, and it’s not easy to remove a child from his or her home state when custody is an issue. That’s why you must consult with a New York relocation attorney to ensure adhering to the terms of the law.
Considerations for Relocating a Child
Relocation is not taken lightly when there is a custody agreement in place. It’s made easier if both parents agree to the situation. For example, say your parents live in another state and are both ailing in their old age. Your ex might agree that they need you and you can work out a custody and visitation agreement to have your lawyers draw up for you. If he or she disagrees and forbids you to leave the state with your kids, it might become a much bigger problem.
There are considerations that must be answered prior to relocating a child or children following divorce.
– The contentment of the child
– The bond and relationship with the child and each parent
– The current custody agreement
– The motivation of the kids during this move
– Family ties in the new area
– Financial worries
– Financial improvement
– Emotional health of the child
– Physical health of the child
– Family structure during the move
Some of these considerations are easy to determine, but others are a bit more complicated. Is your family moving because there are financial issues that won’t get better simply by moving to a new location or is the move job-related and able to provide a brand-new financial outlook for your family? Is the health of your child the reason for the move? Perhaps your child has an illness that requires a special kind of doctor or living situation, and moving closer to a special doctor is the best solution.
The family structure of the move is also important. Will the child still live in the same family structure following the move, or will the new family structure include taking on a stepparent and/or step-siblings? These things must be considered, the other parent must be able to provide his or her input, and the court is bound to decide how to proceed based on the best interest of the child.
Hire an Attorney
This is one of the most complicated processes involving child custody, and hiring an attorney is imperative. Any wrong moves on your part without legal counsel could result in you losing custody of your kids or even being considered a kidnapper. If you don’t ask permission and get the court to sign off on this decision, your ex could file a missing persons report and accuse you of kidnapping your kids. The legal consequences of something like this are astronomical, and it could affect your future custody of your kids.
Don’t let your relocation turn into something that loses you custody of your kids. Let an attorney work through the legalities associated with this. While your ex gets a say in what he or she feels is most important for the kids, the court will ultimately decide if your move is legally permissible based on your current situation.
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