When a custodial parent decides to move away from the non-custodial parent of their child, it can be difficult. Whether they move for a job, their personal lives, or otherwise, it can be a hard choice. Relocation cases in New York State are tough to prove. Our Rochester family law attorney, Michelle Cimino, can help you get the answers you need. Please call our office to request a consultation with her today.
What Are Relocation Cases?
When the custodial parent of a child wants to move away from the non-custodial parent with visitation, they cannot simply up and leave. The decision to allow the child to move away will have to go through court unless both parties agree that it is in the child’s best interests.
Many non-custodial parents are opposed to the idea that access to the child and their life will be limited due to distance. In hopes of maintaining a relationship with their child, they decide to oppose the relocation attempts.
Going through family court is the only option the custodial parent will have if they want to relocate. Our attorney has handled these cases from both sides of the argument. If you need help navigating a relocation case, please give us a call right away.
Proving Relocation is in the Child’s Best Interest
The custodial parent has the burden of proof to show the courts that relocating the child would be in their best interests. The non-custodial parent can provide evidence to support the idea that the move is not in the child’s best interests. However, it is up to the parent who wishes to move to prove that this will benefit the child.
Relocation cases happen for a variety of reasons. You may have a job offer out of state, family you want to move home to, or a new relationship leading you to move away.
When the courts decide on relocation cases, they are going to consider several factors.
First and foremost, the courts want to know why you are moving. Is the new neighborhood safer? Is the non-custodial parent dangerous? Are you going to be receiving a job that pays more? Is the education system better where you are moving?
The reason why they may not consider the move to be in the child’s best interests is if this move is going to hinder the bond they have with the non-custodial parent. They are less likely to allow a move during a child’s senior year of high school. The courts will consider the non-custodial parent’s reason for contesting the proposed relocation.
Lastly, if the custodial parent cannot prove that the move is in the child’s best interests, NYS is unlikely to grant it.
Can Relocation Cases Be Reversed?
If a non-custodial parent wishes to reverse the relocation order, they would have to try to put in a court order to reverse the decision, and this would likely result in the need for an updated court agreement.
In most cases, the non-custodial parent would have to fight hard to win the case, especially if they agreed to let their child move in the first place.
However, if relocation cases include language that states the custodial parent has to return if it turns out the child is not thriving in their new environment, then the non-custodial parent would have more ground to stand on.
Call Our Rochester Family Law Attorney
If you want to know more about relocation cases or need representation for one, please get in touch immediately. Our Rochester family law attorney, Michelle Cimino, is here to help you navigate the court system. Please reach out to our office right away whether you are the custodial parent trying to relocate or you are the non-custodial hoping that your child won’t move away from you. Michelle Cimino has the experience needed to help you either way.