Family Law Attorney in Poughkeepsie
Resolving Parent Relocation Issues After Divorce
If you need advice on either side of a parent relocation issue - that is, moving to a distant city or another state with a former spouse's child - contact the office of Jonathan D. Katz, Attorney at Law in New Paltz. I can help either the relocating parent or the parent remaining behind develop a reliable sense of the rights and responsibilities inherent in the situation, and help protect your interests. I serve clients throughout the Hudson Valley and the Catskill region, including Ulster, Dutchess, Orange, Greene and Columbia counties.
New York parent relocation cases usually turn on the reason for the move
In most cases, the proposal to move away from area comes up after a final child custody order and parenting time schedule is in place. As a result, moving away can be expected to have a significant effect on the interest of the noncustodial parent to maintain a close relationship with his or her child, as well as on the child's interest in sustained contact with both parents. Because it will interfere with court-approved visitation arrangements, a parental relocation proposal will need to be approved by the court.
A New York family court judge is likely to grant a relocation proposal if it is submitted in good faith and supported by sound reasons. Career or educational opportunities are the most frequent reasons advanced by the proponent of the move. The court must also find that the move is in the child's best interests. 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.
A parental move-away without the court's approval might be a federal crime
Although New York law has no specific statute addressing the procedures of a proposed relocation, it is clear that the permission of the court is necessary to avoid the risk of criminal liability. It's against the law to interfere with court-ordered visitation rights, and moving out of state or to another country without court approval would certainly amount to interference.
At the same time, objections to the proposed move should be based on the child's interests, not the opposing parent's convenience. The additional expenses involved in long-distance visitation, however, should be taken into account in working out new visitation arrangements.
I can help you reach mutually acceptable terms in parent relocation cases, and I can present your case in court whenever negotiations fail to yield a satisfactory result. To learn how an experienced lawyer's advice can help you understand and protect your rights in a parent relocation case, contact the firm of Jonathan D. Katz, Attorney at Law.
