Moving is a big deal for kids. It’s new schools, new friends, new homes, new neighborhoods, and many other new changes they might find intimidating, overwhelming, and confusing. Moving as an adult is difficult enough, so imagine how your kids feel when they’ve yet to learn so many of the valuable life lessons it takes to better handle a situation like this one. If you’re moving your kids to a new state, you must consider their best interests. This is especially true if you are taking them out of New York where you have a current custody agreement with their other parent.
The Penalties for Relocating Without Permission
You cannot legally remove your children from life in New York without permission from the court if you have a custody agreement in place. Your child’s other parent could cause serious problems in your life, which could include the loss of custody of your kids if you take them out of the state without first going through all the legal channels. You are not the only person looking out for the best interests of your child when there is a custody agreement in place.
You could be charged with kidnapping. The law dictates no custodial parent can take their child more than 100 miles from their current home without permission from the court where the custody agreement was created. You’re free to move your child and your home without court permission so long as you stay within 100 miles of your current residence.
If you move 100.3 miles away, your ex could potentially file a report with the court stating you kidnapped his or her kids by taking them outside the realm of your custody agreement. Even if your spouse knew this was happening in advance, he or she might decide this is a great way for them to fight for full custody of the kids and call the police. The police are within their legal right to arrest you and charge you with kidnapping children you have only within the confines of your custody agreement. It’s very easy for your ex to then take over full custody of the kids.
An attorney can advise you how to handle a specific situation such as this one. You might want to discuss your reason for needing to move more than 100 miles from home, and your attorney can present it to the court. The job of the court is to determine what is best for the kids.
– You’re getting married and moving
– You have a great job opportunity that will improve your lives
– There is a health issue with your child that requires relocation
– Your financial situation will improve when you move
There are various reasons you might decide to move so far from home, and the court will take those into consideration. The court is not interested in keeping you from your children. The court wants to ensure all kids are within easy access of both parents, but they also want to ensure they are not holding parents back from their own lives and the improvement of said situation by preventing a move.
All relocations are possible, but they must be made legal. Most relocations require a change in custody agreements. It might mean you lose your kids all summer while they go see their other parent to make up for lost time because of a long-distance move. It might mean spending more time traveling or allowing your ex to visit the kids in your new hometown. Contact an attorney to discuss relocation to ensure your kids are not adversely affected by this new lifestyle change.
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