Sometimes when parents find it challenging to agree on custody matters with their children, the courts must become involved and establish legal custody arrangements that work in the children’s best interests. This includes deciding what parent is entitled to legal or physical custody of the children. Custody agreements can be complex, especially when juggling the many life changes. One of the most challenging aspects of a custody agreement revolves around whether one of the parents wants to move. A family law attorney answers all of your child’s relocation questions in today’s blog.
How Does The Relocation Process Work?
Parents with an existing custody arrangement can not just decide to move to another state. Some actions must take place before the move can even take place. These actions include a notice of intent to the court, an agreement to move from the other party, and the court’s decision.
In the notice of intent, the parent who wants to move must explain to the court why they intend to move and where they intend to move with their child. After the court and the other parent receive the notice of intent, the parent needs to show that the other parent agrees with the move. If there is any issue resolving the move, the issue can be discussed in court, where the court will be responsible for making the final decision.
What Factors Do The Courts Consider?
When deciding on whether to approve a parent’s move or not, the courts base their decision on what is in the children’s best interest. Some of the factors that the courts will take into account include the following:
- The wishes of the child if the child is at the appropriate age
- The ability of each parent to support the child
- Whether the move will interfere with the other parent’s visitation schedule
- The quality of the relationships between each parent and the child
- If there is a history of domestic abuse or violence from either parent
What if The Parent Moves Without Informing Anyone?
If the parent decides to move to another state without informing the appropriate parties, the parent can be held liable for criminal charges. Parents are not permitted to move out of the State without the court’s approval who issued their custody arrangement. In the eyes of the law, the parent would violate the custody arrangement by moving without seeking permission. Parents can be subjected to jail time, fines, or a combination of both consequences. However, if a parent is in an abusive relationship and decides to move out of State for fear of their life, the court can consider that reason a good cause, and the parent will not face any punishment.
Contact a New York City Child Relocation Attorney today
At Randi L. Karmel, PLLC our family law attorney understands each parent has rights that need protecting. Whether you are a custodial parent wishing to move, or a noncustodial parent afraid of losing a close relationship with your child, Attorney Randi L. Karmel can help. Contact us for a consultation to discuss your unique family law matters, call us at 212-755-0224.