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What to do if Your Ex Wants to Move Out of State With Your Children

What to do if Your Ex Wants to Move Out of State With Your Children

Child custody arrangements between parents can work well for years, but there are times when circumstances change and your ex may want to move out of state with your child. If this situation is happening to you, are you aware of your legal options? If you are looking for legal guidance to this question in New York, call or contact the Law Offices of Steven Gildin to schedule a free consultation and learn more about out of state relocation of your child.

Best Interests of the Child

The New York Court of Appeals in Tropea v. Tropea clarified that a custodial parent can move out of state if it is in the best interests of the child but each relocation request must be considered individually by the court. The judge in a relocation case must take all relevant facts and circumstances into account when deciding whether the move is in the best interests of the child. Some of the factors considered when a judge decides a relocation case include the following:

-Each parent’s reason for requesting or opposing the relocation
-The quality of the relationship the child has with each parent
-The impact of the move on the future contact with the noncustodial parent
-Any negative impact or increased hostility between parents
-The impact of the relocation on the child’s relationships with extended family
-The impact of the relocation on the custodial parent and child’s life economically, socially, emotionally, and educationally
-The feasibility of preserving the relationship between the noncustodial parent and the child
-The harm caused by not allowing the relocation, and more.

The court has made it clear that it may not be realistic to maintain a noncustodial parent’s close involvement with the child if the other factors in the best interests test significantly outweigh the current situation. However, there are other options that parents can utilize if the custodial parent is considering a relocation with a child.

Other Custody and Visitation Options

One option that parents can opt for when a relocation is at issue is modifying the visitation schedule for the child. Changes can be made to visitation that give the noncustodial parent more or longer periods with the child, such as summer vacation, holiday breaks, and more to accommodate the change. Another option is for the noncustodial parent to relocate with the custodial parent and the child. The custody and visitation schedule can be maintained, but in a new state. Finally, the noncustodial parent can petition the court for primary custody of the child if the current custodial parent is requesting a relocation out of state. Whichever option you choose, it is critical that you speak with an experienced family law attorney first before going to court.

Talk to Our Office Today

To learn more about your legal options regarding out of state relocation of your child, call or contact the Law Offices of Steven Gildin in New York today.