Relocation of Children After Divorce
In New York, parental relocation is limited by the best interest of the child or children involved. The law prohibits custodial parents from moving the child more than 50 miles without the permission of the court. At The Trotto Law Firm in Rochester, New York, our attorney advises clients about their options and helps them determine the best course of action in relocation matters.
Factors Involved in Relocations
Our lawyers educate clients about the factors the court uses to rule on requests to modify custody orders. These factors include the following:
- The parents' reasons for requesting or opposing the relocation
- The relationships of the child with the parents
- The affect that a relocation will have on the child's relationship with the non-custodial parent
- Whether the child's life will be improved by the proposed move
- Whether different visitation arrangements will help preserve the child's relationship with the non-custodial parent
- The preferences of the child, especially if the child is older
Because each set of circumstances is different, the court needs to evaluate the evidence presented by both parents and decide whether the preponderance of the evidence favors the proposed relocation.
Other Matters Related to Parental Relocation
Issues related to parental relocation are often addressed in the final custody order that determines how the parents will handle such issues in the future. If relocation was not anticipated, the parent seeking to move must seek the court's permission, and the other parent is free to oppose the move. We encourage parents to include such language in the final custody order to reduce problems later on.
The court will take many factors into account, including the role that grandparents play in the life of the children. If parents simply move the child without seeking permission, they may be subject to kidnapping and other criminal charges. Finally, parents should know that even if they agree on the move, undertaking such a change without permission of the court means that enforcement remedies will be much harder to obtain if problems arise after the relocation. We make sure that our clients are aware of all the issues that are part of a relocation decision.
Contact The Trotto Law Firm in Rochester, New York, to speak with a lawyer about parental relocation.
