Albany, NY- Do you and your spouse share custody of your child or children? Are you planning on moving out of New York? If so, it can be complicated to get permission through the family courts, so you need to know what the process entails. Here our dedicated legal team will give a brief overview of how what you need to do before you move with your child or children.
First, it’s important to note that if you don’t have a formal custody arrangement with your ex-husband or ex-wife, and one of you decides to move, you have no legal recourse to stop the move. That is one reason why it is better to formalize your child custody arrangements through the family court.
As long as you are not moving more than 100 miles or more, you don’t have to get permission from the family court. That doesn’t mean you won’t face resistance from your former spouse if you share custody and you may be asked to accommodate your ex by taking responsibility for your child’s travel to see their other parent.You won’t have to go through a complicated legal process if you move one hundred miles or less of your former spouse.
If you do plan on moving more than 100 miles or out of state, you have to get the permission of the other parent in writing and present it to the family court. When you have their approval for the move, you will have to change custody arrangements and visitation so that your child or children get to spend time with each parent.
Things get more complicated if your ex-spouse doesn’t want the move to occur, and you will have to turn to the family court to decide. If the family court must decide if you should be allowed to move, judges will consider numerous factors such as whether the move is the result of a better job or an educational opportunity, if the spouse who plans to move will receive an increase in income or if they plan on re-marrying. Most importantly, the court will look at how the move will affect a child’s relationship with the parent who remains in New York.
Whether or not your ex-spouse approves of the move or not, you will benefit from having a divorce lawyer from New York working on your case. You have to file the right paperwork and meet deadlines to make your move possible. Child custody can become contentious and complicated especially if one of you decide to relocate with their child or children, so you will benefit from having legal counsel. USAttorneys recommends you contact one our family law attorneys in New York if you want to change your custody arrangement in any way.Get legal assistance if you need to make changes to your New York child custody arrangement.