As a parent who shares custody, you may be concerned about how plans for a fresh start may change your shared custody agreement of your child. If you wish to move away from your home on Long Island towards new opportunities with your child, your move could become complicated as you pursue court-approved relocation. Our Long Island child custody attorneys at Friedman & Friedman PLLC, Attorneys at Law share what you need to know about relocating away from Long Island.
What Is Relocation?
Relocation is when one parent wishes to move with a child they share custody of with their other parent. If the moving parent wishes to relocate with their child, they must seek a court order and a child custody modification if the move impacts the non-moving parent’s time-sharing.
The relocation process is a lengthy and complex process that requires a heavy burden of proof, which is why parents seeking a move should find a trusted relocation attorney to assist them. The moving parent must prove why the relocation would be in the child’s best interests. Moving parents cannot seek a relocation order solely to move their child away from their other parent — they must have an adequate reason about why this relocation would be best for the child, such as it brings the child closer to family members, toward better educational opportunities, or to an environment where their parent can pursue new employment opportunities.
Despite relocation often being a complex process, it is not an impossible process. Families who consult child custody attorneys to guide them through this process and the corresponding custody modification gain the assistance they need to create and file their motion for relocation.
Call us today at (516) 688-0088 to learn more about how our Long Island child custody attorneys can help your family pursue relocation and move to greater opportunities.
How Can I Pursue a Relocation?
If you plan to relocate, you should consult your child custody attorney first. Your attorney can give you peace of mind as they help you prepare your case, alert your child’s other parent, and prepare for your potential relocation.
The first step in relocation is to notify your child’s other parent about the move. This notification must be written and provided to the child’s other parent with ample time for the parent to contest the relocation. The non-moving parent can approve the relocation if they desire, but they can challenge it if they believe it is not in the child’s best interests. If the non-moving parent contests the relocation, there will be a hearing where both parties will need to argue their cases.
At the hearing, the court will hear from both parties if they believe relocation is in the child’s best interests. Common considerations include:
- What is the reason for the relocation? Is it in your child’s best interests?
- Does the non-moving parent object to the relocation? If so, why?
- How will your child’s quality of life change?
- Will your child be able to pursue similar extracurricular activities or educational opportunities?
- Will your child’s relationship with both parents be affected by the relocation?
- Will your child custody agreement need to be modified?
The court will then determine if the relocation will be approved and if a child custody modification will need to be made to preserve the child’s relationship with both parents. If the court grants a court order permitting relocation to the moving parent, the parent can move with their child and must follow the set plan agreed upon in court.
What Happens If Your Relocation Is Denied?
If the courts deny your relocation, you will be unable to make your planned relocation with your child. After you receive your denial of relocation, you should make alternate arrangements to stay in the area with your children. You may not need to reside in the same home if your lease agreement is up; however, you should remain in the same neighborhood or general area.
You may be unable to move with your child, but the court cannot stop you from moving yourself without your child. If you wish to continue your move without your child, you can still do so. However, it may not be in your best custody interests to pursue the move without your child, as it can display that you are not acting in your child’s best interests. If you still wish to move, you should first contact your child custody attorney to better understand if this may hurt your custody rights.
Long Island Child Custody Attorneys
At Friedman & Friedman PLLC, Attorneys at Law, our child custody attorneys understand that you may wish for a fresh start after your divorce. If you are seeking a new job or educational opportunities or a new home near family members, you may wish to bring your child with you so you can experience those new opportunities together. Our Long Island custody attorneys can help you understand and begin the relocation process so you can move with your child and start your next chapter.
Are you seeking to relocate and share custody? Schedule a consultation with our team today to learn more about how we can help your family make its big move by calling (516) 688-0088 or contacting us online.