Many people come to my office to discuss relocating with their child out
of state and away from the child's non-custodial parent. While this
can be difficult it is not impossible to do. The law essentially states
that you cannot relocate with a child away from the non-custodial parent
when that relocation will interfere with the non-custodial parent's
access to the child. This interference can be as simple as increasing
the transportation time for the child or decreasing the non-custodial
parent's time from seeing the child during the week as well as the
weekend to only having the child over the weekend.
However, the Courts are not blind to the fact that some families need to
relocate and that a relocation involving a child may be in that
child's best interests. As such, the Court will look at various factors that have been established
through past-litigated cases to determine whether or not a parent should
be permitted to relocate. However, it should be clearly understood that
a parent cannot relocate to a distance that would interfere with the other
parent's access and parenting rights without permission of the other
parent or a Court order permitting them to do so.
The interpretation of each of these cases is very subjective and is dependent
on the Judge that is hearing the matter. Some of these factors may include
but not be limited to the following:
- the parents reasons for seeking a relocation with the child,
- the positive educational resources for the child if the relocation is granted,
- the improved financial condition of the custodial parent for the child
if the relocation is granted,
- the access that the non-custodial parent will have to the child, and
- the ability of the non-custodial parent to maintain a relationship with
relocation case is unique and a decision is based upon the unique circumstances of
each case. Any factor that affects the overall well being of the child
can and will be considered that relates to the best interests of the child/children.
If you or a loved one is in need of help with a
contact an experienced Dutchess County custody attorney today!
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