The relationship of each parent with the child is the most important concern in any child custody situation. This can be particularly challenging for a non-custodial parent and New York Family Courts work hard to ensure that parental rights are protected when the issue of relocation comes up.
A parental relocation without the court’s approval is considered a crime.
A non-custodial parent can relocate at any time and has no obligation to exercise parental access with the child. However, a custodial parent can only relocate with the non-custodial parent’s consent or court permission. If the non-custodial parent does not consent to the relocation, then the custodial parent must seek court intervention. The court may refuse to consider the application in certain cases. If the court does consider the application, the relocating parent must show that it is in the child’s best interest to relocate. Career or educational opportunities are the most frequent reasons advanced by the proponent of the move. The parent moving away should try to work out alternative visitation or custody arrangements that meet the needs of both the child and the other parent. If the court permits the move, the judge may require that the custodial parent pays the travel expenses for the child visitation with the non-custodial parent and may order extended summer vacations with the non-custodial parent. If you are considering moving away and taking your child with you, do not simply move away and violate your court order. Talk with an attorney at Jacoby & Jacoby first and properly petition the court for a change.
Is the other parent threatening relocation? We can help.
If you are a non-custodial parent facing the loss of contact with your child because the other parent is threatening child relocation, call us or contact us online. One of the attorneys at the Law Offices of Jacoby & Jacoby will meet with you at any of our four convenient Long Island locations for a free consultation.
Medford, NY: 631-289-4600
Miller Place, NY: 631-821-8800
Shirley, NY: 631-281-2234
Nassau County, NY: 888-452-2629
