Can I prevent my child’s relocation with my former spouse?
Child relocation matters can be a troubling topic. Parents do not want their children to be separated from them. For them, not seeing their child every day is already troubling. Since child custody arrangements may not give them all the time they want with their child, the relocation of their child can lead to less time together. If your former spouse is trying to relocate with your child, you should take legal action to prevent this from occurring. For these situations, you will need experienced legal counsel to help with your defense. You can prevent your child from relocating by having the case brought to a judge. A judge will make a decision on the matter, which may or may not allow your spouse to relocate with the child. If they believe a relocation of the child will have a negative effect on the child, they may not allow the child to relocate.
Although you may not have the role of the custodial parent, you are still able to fight against child relocation. The court system tries to keep the child’s relationship with both parents working. They would not want to jeopardize that. However, if one parent proves that they are unfit as a parent, the relocation of the child may be seen as beneficial. These situations can vary on a case by case basis.
Does legal custody give me a say in relocation matters?
As a parent with legal custody of a child, you are entitled to make decisions for them. These decisions can be in relation to their education, medical treatment, religion and much more. The relocation of your child is another decision that you should be included in. If you believe this relocation will have negative effects on your child, you should speak up. If you do not want your relationship with your child to be affected, you may also be entitled to present this reasoning. The courts do not want to disrupt the child custody arrangement that is in place. If one parent is trying to move across the country with the child, this can cause the relationship between the child and the other parent to be greatly affected. Judges will take into account all factors to make a final decision for the case.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. 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.