When a custodial parent seeks to relocate, he or she may run into more complications and difficulties than he or she anticipates. An order of custody and/or divorce judgment may contain clauses specifically preventing a custodial parent from relocating. Whether the custody order or the divorce judgment contains a clause of this nature, the custodial parent, who seeks to relocate, must bring a proceeding in the State of New York, either in the Supreme Court or in the Family Court. The proceeding will be for the purpose of obtaining a court order authorizing the relocation of the custodial parent.
Good Reasons For Relocating
The application brought by the custodial parent must contain a compelling reason for relocating with the child or children. Some of the reasons that have been alleged in petitions of this nature deal with employment in another locality, it is closer to family members for a support system and opportunities for the children to enhance their education.
The Impact On The Non-Custodial Parent
In most situations, the relocation of the children will have a negative impact on the non-custodial parent’s visitation rights. To compensate, the non-custodial parent is often offered additional parenting time. Additional parenting time can involve summer vacations, school vacations, school recesses and other periods of time when school isn’t in session. In some situations, the parent who seeks to relocate may have the obligation of paying the cost of transportation of the children back to visit with the non-custodial parent.
Courts in the State of New York are reluctant to grant relocation applications due to the negative impact it can have on the other parent’s visitation rights. To be successful in New York it is extremely important to show the relocation will be in the children’s best interest. To accomplish this goal it will be necessary to show how the children’s lives will be enhanced either economically or in another manner.
Present A Plan to the Court
If you seek to relocate it is important to present, in your court petition, a plan for visitation with the non-custodial parent. This plan must show the children will be able to maintain their relationship with the non-custodial parent. Since the party bringing the application will have the burden of proof, it is essential in the proceeding to be represented by an experienced family law attorney who has previously dealt with relocation cases before the local courts in your jurisdiction.
