When you are a single parent, it may sometimes be so tempting to pack our belongings and move far away. Unfortunately, that is usually not practical – and it may not even be legal.
Here’s what you need to know.
What Are the Reasons that a Parent Would Want to Relocate?
There are many reasons that a custodial parent may wish to relocate and move out of state with their child. Often, there is a financial advantage, such as a new, better-paying job, but they can also move for the parent to go to college or for the child to have better educational opportunities. They may have remarried and need to relocate to where their new spouse is.
Sometimes the custodial parent has family out of state, and they want the support of family to help them.
On the other hand, the custodial parent cannot seek to move out of state with the child out of spite or pettiness. They can’t just decide that they want to move, then pick up and do so. They have to go through the proper channels and do it legally.
How Does the Court Determine If the Custodial Parent Can Relocate with their Child?
In custody cases, the child’s best interest is what the court upholds above all. It will look at other factors, but in the end, the consideration is what is in the best interest of the child.
And when one parent wants to move out of state, that is the first question that the court will ask.
In determining this the judge will examine a number of factors that can include:
- The reasons that the parent gives for wanting to relocate.
- The objections that the other parent has for the relocation.
- The depth and quality of the relationship that each parent has with the child.
- The feasibility of maintaining or preserving that relationship with the non-custodial parent if the relocation is granted and the child moves.
- The ways that the child will be impacted by the move, such as changing schools, leaving friendships, and moving away from extended family members.
- The ways that the move may affect the child’s contact with the non-custodial parent.
- How the child’s life and the parent’s life will be enriched if the relocation is granted.
- The financial benefits of the relocation.
- Educational opportunities that the child may receive if relocation is granted.
- Friends and extended family in the area where the custodial parent wants to relocate.
There’s a lot to consider. The court must try to balance the benefits and decide which option is best for the child.
Can a Mother Move a Child Out of State Without the Father’s Permission in New York?
New York law prohibits parents from picking up and moving out of state with their child. If they want to relocate, they need to do it legally which means getting the court’s permission if the other parent is against it.
If the other parent is in agreement, then they can both sign an agreement and file it with the court.
It is important for the other parent to speak up if they don’t want their child to relocate to another state. If they object, the case will go before a judge who will decide if they can or cannot. If the request is granted, the court will usually ask to see a parenting plan that includes a modified visitation schedule. This shows that both parents are working to remain in the child’s life and be a positive role model.
What Are the Penalties for Moving a Child Out of State Without the Other Parent’s Consent in New York?
There can be some serious consequences for relocating a child out of state without the other parent’s consent. It could affect your custody, or you could be required to do supervised visitation for a time. It could mean fines and even jail time. You can’t be too careful.
Even if you don’t face legal penalties, it can have a lasting effect on your relationship with your child and that is perhaps the most devastating penalty of all. To move without getting the other parent’s consent means that you are essentially ceasing all contact with them. This can be confusing and upsetting to a child, but when they get older, they may begin to ask questions and wonder why they don’t talk to their other parent.
That is a very steep price to pay.
It is best to get the other parent’s consent, but if that is not possible, go to court and take the proper legal channels to do it right.
How Can You Argue a Relocation Case When the Other Parent Opposes It?
If you are the custodial parent and you want to relocate but the other parent won’t agree, you are most likely going to have to go to court over it. When you get before the judge, you need to make sure that your case is solid and that you have a very good reason for relocating.
If you can have several strong reasons for relocating, they should all highlight the benefit to the child and how it keeps the child’s best interest as the primary focus. This can include:
- Financial – The custodial parent can get more money in their new job.
- Remarriage – The custodial parent has remarried and wishes to move to be with their new spouse.
- Opportunities for the child – This can mean better schools, better medical care, or better access to other things that will help the child grow.
- Family – The custodial parent may have extended family in the area so there will be many opportunities for the child to bond with them.
- Improved environment – The custodial parent may want to move because the area they are in is high crime.
If you want to move your child out of state, it is important that you do it right. At the Litvak Law Firm, our team of experienced legal professionals can help you navigate the complex court system and represent you when you go before the judge.
Call today at 718-989-2908 for your free consultation.