When a divorce is final, spouses can go on with their lives separately. In doing so, they are sometimes presented with circumstances in life that can require them to move away from their current home. This may be due to a job offer or family matter. While this is meant to be an exciting time in a person’s life, it may be difficult if they share custody of their child. Typically, parents want their child to move with them. However, the other parent may oppose the move. In these situations, parents may need to settle the matter through litigation. Continue reading below to learn more and contact an experienced New York family law attorney.
Physical Custody vs Legal Custody
Custody arrangements are established for a family during a divorce. This designates a parent’s right to physical and legal custody. Physical custody determines a child’s custodial parent. This individual with whom the child lives and spends the majority of their time with. While this is true, the child does spend time in the non-custodial parent’s home as well. On the other hand. Legal custody is in reference to the influence a parent has in their child’s life. This gives them the right to make important decisions relating to matters such as healthcare, education, religion, and even relocation. Non-custodial parents should always fight for legal custody, even if they do not have physical custody. This is because it can give them the right to fight for their child during cases of relocation.
New York’s Relocation Guidelines
Sometimes, parents can settle relocation problems on their own. However, there are many cases in which they need the assistance of a judge. In doing so, the parent who wishes to move is required to prove to the court that relocating would be in the best interest of the child, despite moving away from their other parent. The other parent can also argue their opposition to the move.
In order to decide what is best for the child, the judge will consider a variety of factors. This can include but is not limited to:
- The relationship between the non-custodial parent and the child
- The child’s relationship with their extended family
- The child’s academic and social life
- The child’s quality of life
- The reason for relocating
- Why the non-custodial parent opposes the move
- How the move may impact the custodial parent’s quality of life
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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.