Whether or not you can relocate with your child depends on many factors. The first thing to consider is whether or not there is a custody order or a signed agreement which addresses this issue.
If the custody order directly states under what terms and conditions you can relocate, then those terms and conditions would first apply. If the custody order does not directly state where you can relocate, then a different set of rules apply.
IF YOUR CUSTODY ORDER STATES WHERE YOU CAN RELOCATE, THEN …
Some custody orders (or agreements) will state that you can move within a certain location or within a certain radius of your current home. For example, some custody orders might state that you can only relocate within the County you live in or within ten (10) miles of your current home.
If your custody order states where you can relocate, as long as you follow those “rules”, you can absolutely relocate to where the custody order states (in the above example, either within the County you live in or within ten miles of your current home).
If you want to relocate to an area that is not permitted under the custody order, then you have to get Court permission before you move. You have to convince the Court that your relocation is in the best interest of the child.
However, even if your order or agreement gives you permission to move, the other parent can still go to Court to try to prevent you from moving. Although, they would probably not succeed, if that parent can provide reasons why moving now is not in the best interest of the Child, then they may be able to prevent you from moving.
IF YOUR CUSTODY ORDER DOES NOT STATE WHERE YOU CAN RELOCATE, THEN …
However, if you want to relocate to a location that is not permitted under the custody order (or agreement), then you have the “burden of proof” to demonstrate why you should be able to relocate.
You first have to demonstrate why relocating is in the best interest of the child. You cannot simply state that “I can make more income where I’m going to move” or “It is cheaper to live where I want to move to”.
Instead, you have to show that by moving to your new location, that it is better for the child. You will also have to come up with a plan on how the other parent is going to have time with the child (after you move).
Although, each situation is different, some of the ideas on how to the other parent is going to have time with the child (after you move) are as follows:
- Facetime (or Zoom) with the child on a frequent basis
- Extended time when school is not in session
- Every weekend
- Every month (on a weekend)
If you are considering relocating or you want to prevent the other parent from relocating, then you should consult a Long Island child custody attorney. David Badanes and the Badanes Law Office, P.C. has represented many clients who either wanted to relocate or were trying to prevent the other parent from moving.
If you need an experienced divorce attorney on Long Island, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes can be contacted at 631-239-1702, email at firstname.lastname@example.org or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.
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