Can my former spouse relocate with our child?

Can my former spouse relocate with our child?

One of the main concerns in divorce proceedings is focused on children that are involved in the family. Parents usually do not want to create any trouble for their children but they want to make sure they are given the proper custody of their child. During this process, physical and legal custody is decided to name a custodial parent and detail the responsibilities these parents will have in their child’s lives. When these cases involve the judge’s role, the judge will act in the best interests of the child to ensure their well-being. The judge can only act based on the current situation. Changes in situations can cause a divorced couple to re-enter court.

Child custody can cause issues even after the divorce process has ended since parents want to be involved in their child’s life as much as possible. After couples have divorced and moved on with their lives, they may wish to make other changes in life. This can result in a new job or a new spouse that may require them to move to a different location. When the relocation of your child is involved in this instance, it is important to ensure your parental rights.

What can I expect when relocation is a possibility?

When courts are involved in making decisions about custody arrangements, they are always supposed to act in the best interests of the child. Based on the current situation and how the child’s life can be affected, the court should try to determine what the best option for the child is. Since a relocation can have a huge impact on a child’s life, it is important that the court considers all the factors involved. If they believe it may be a negative impact, the court may rule that they are not in favor of this option.

If the opposing parent has sole custody, a court can still become involved in the relocation issue if you take legal action. The court system tries to maintain an open forum for communication and relationship growth for the child with both of their parents. They believe this to be a healthy way of looking at the situation. However, if they are concerned with the background of one parent, they may only be given visitation rights and not custody of the child. Since visitation allows for a relationship between the child and parent, it is highly considered by the court. If a child is moved to a different area with one parent, it can have a negative impact on their relationship with the other parent. This can be considered by the court when they are making their final decision. With this in mind, the court may not allow such a thing to occur.

Even when some children are too young to speak for themselves, the court tries to give them a voice by acting in their best interest. There are so many things to consider when dealing with a situation this serious. The courts must interpret the relationships the child has with each parent and how it can be affected by a move.

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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