I Want to Relocate With My Child | What to Know
After a divorce, many parents wonder whether they can relocate with their children. Read on to learn more about the process of relocation after a New York divorce.
Physical vs Legal Custody
In New York, there are two main types of custody:
Physical custody is awarded to the parent with whom the child will spend the most time. This is the child’s main residence. In some cases, the parent with physical custody may be awarded child support. In other cases, parents will work to split the custody equally, resulting in shared physical custody.
Legal custody is a parent’s right to make important decisions in the life of the child. These decisions may include education, religion, relocation, and medical issues, among other things. Legal custody is not dependent on physical custody and can be awarded to one or both parents.
How do New York Courts Determine Whether I can Relocate With My Child After a Divorce?
In order to relocate out of state, you will need the permission of your ex-spouse. If your ex opposes the move, you will need the permission of the court. Nassau County courts will consider a wide array of factors when it comes to determining whether you can move away with your child, however, their primary concern will be the best interests of your child. If they decide that the move would benefit your child socially, economically, educationally, or it would keep your child safe, they will most likely grant child relocation. Some of the factors they will consider when making this determination are as follows:
- Your former spouse’s reasoning for opposing the move
- The bond your child has with your former spouse
- Whether you are moving for a higher-paying job that will benefit your child
- Whether you are looking to move in with a new spouse
- Whether you are looking to move closer to extended family
- Whether you are trying to move away from an unsafe area or a dangerous former spouse
- Whether you are looking to attend higher education to eventually benefit your child financially
- Whether your child is in his or her senior year of high school
- Any other factor the court deems relevant
If you have any questions or concerns about relocation after a New York divorce, our firm is here to help. Reach out to speak with an experienced and dedicated family law attorney.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.