Am I allowed to move out of state with my child?
When creating a parenting plan in a divorce, it is usually made around the current circumstances of each party and obviously, does not take into consideration any unforeseen circumstances that may arise in the future. One of the most common situations that comes to light after a parenting plan is created is when the custodial parent needs or wants to move out of state. This desire to move may be due to a job opportunity, financial situation, or a number of other circumstances that could not have possibly been accounted for when the initial parenting plan was created.
The court will have to consider whether a relocation request is appropriate to grant a parent because there are so many factors that must be taken into consideration. Some of these factors include determining how this will impact the child’s relationship with the noncustodial parent, how it will impact the child’s academic and social life, and the bond that the child has with each parent. The court is always going to rule in favor of what they believe is the best interest of the child. Of course, it always helps if the non-custodial parent does not oppose the move, but if they do, the court will need to determine whether the move will do more harm than good for the child.
If you have questions regarding relocation with a child after divorce, contact an experienced family law attorney who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.