When the custodial parent wants to relocate, he or she should bring an application to either the Family Court or the Supreme Court in the State of New York, to get the court’s permission to move away. In a perfect world, when this happens, you oppose the move and show it is not in the children’s best interest to relocate with the custodial parent.
However, in the real world, sometimes the non-custodial parent simply finds out the custodial parent seeks to move. In these situations, it is usually in the non-custodial parent’s best interest to be proactive. He or she should immediately bring a proceeding to get a court order to stop the custodial parent from relocating. In cases where the custodial parent violates these court orders, the courts can change custody. When making an argument against the relocation of the custodial parent, you must show this would be a significant change in circumstances, it would disrupt the children’s lives and routines, put them in a different school, and interfere with your ability to visit and maintain a loving relationship with your children.
Why Custodial Parents Move
There are a variety of reasons why the custodial parent might decide to relocate. He or she may obtain a job transfer or they may have lost their job and have the ability to obtain a job in another state.
Attorney for the Child
Relocation cases can have a negative impact on the children involved. In most cases, the court will appoint an attorney to represent the children. In those cases, the non-custodial parent must show to the attorney for the children as well as to the court it is not in the best interest of the child to be relocated. It is necessary to bring a proceeding seeking an order from the court preventing the custodial parent from moving with the children.
