Fighting for child custody rights may be a challenging battle as it is. But what may make this all the more difficult is if you and your soon-to-be former spouse live a ways away from one another in the aftermath of your split. With that in mind, please continue reading to learn what conditions are covered in a long-distance child custody plan and how an experienced New York City child custody attorney at Zimmet Law Group, P.C. can help you reach a clear-cut arrangement.
Am I allowed to move a long distance during my divorce?
Technically, no state law prohibits you from relocating while you are in the midst of your divorce proceedings. So you may be able to move far away and simply attend court meetings and whatnot through video conferencing. This is so long as you or your soon-to-be former spouse have already met the residency requirement to have the New York State Family Court maintain jurisdiction over your case.
However, you must understand the repercussions of moving a long distance away when you share a child with your former spouse. New York State does not establish a specific mileage limit that constitutes “too far” of a relocation when a child is involved. However, the family court will look at your specific case and determine whether this further distance will create a greater challenge for you to participate in the day-to-day parenting of your child.
With this, the court may conclude that the distance is too great to make a 50/50 joint physical custody arrangement a feasible, sustainable possibility. Therefore, they may grant your spouse, who remains in the primary home with your child, primary physical custody rights. Then, they may grant you scheduled visitation rights over your child.
What is covered in a long-distance child custody plan?
Your long-distance child custody plan should cover matters that ensure your child’s best interests are continually met, such as the following:
- When the child should travel to visit the noncustodial parent (i.e., on long weekends, religious holidays, summer break from school, etc).
- How the child should travel to visit the noncustodial parent (i.e., being driven by the custodial parent, being accompanied by a trusted adult on an airplane, etc).
- Who pays for the travel expenses associated with the child’s visiting the noncustodial parent (i.e., these directions may bleed into the incoming child support order).
- How the child should remain in direct communication with the custodial parent when visiting the noncustodial parent (i.e., nightly phone calls, etc).
- How the parents should settle time conflicts that require rescheduling of visiting time (i.e., through a mediator, through a court order, etc).
There is no sense delaying your divorce proceedings if you know parting ways with your spouse is in your best interest. So please get in touch with one of the skilled New York City matrimonial and family law attorneys from Zimmet Law Group, P.C. today.
