Sharing custody after a divorce or breakup is never easy. Parents find it difficult to regularly interact with each other when exchanging custody. They may also struggle with depression or anxiety because of the regular interruptions in their relationships with their children.
Eventually, discussing major decisions before moving forward with a change and performing regular custody exchanges become normal for the family. Unfortunately, that routine could be at risk when one parent wants to move. Parental relocation can have a major impact on custody arrangements.
What happens during a relocation scenario in New York?
Modifications might become necessary
Every New York custody order is unique. Either the parents or a judge divides parenting time and authority based on what they think is beneficial for the children. Typically, the provisions of the New York custody order include rules about relocations.
In some cases, the document might include terms requiring that parents remain in the same school district or county. Other times, they may impose a limit on the distance that one parent can move from the other or the current primary residence of their children.
In scenarios where the move does not exceed any limitations outlined in the custody order, the parent hoping to move does not require any sort of permission to relocate. However, if the move exceeds the distances outlined in the custody order, then pre-approval may be necessary.
The parent proposing the move should notify the other parent and the family courts of the intended relocation. Parents can sometimes work out solutions that preserve shared custody rights and may lead to a relatively streamlined uncontested modification request.
If the other parent rejects the proposed move because they worry that it may affect their parental rights, then it may be necessary to take the matter to family court. A judge can review the custody order and then hear about the proposed move to determine if they should allow the children to relocate.
Typically, the reason behind the move and the amount of impact it could have on the other parental relationship influence what a judge views as appropriate. They can grant the relocation and modify the custody order to give the other parent more time on the holidays or weekends. Other times, they may refuse to allow the children to relocate with the parent and might grant the non-moving parent more time with the children.
Relocation requests are usually easiest to handle when the parents agree on matters ahead of time. In contested cases, a judge has the ultimate say in what may be best for the children. Parental relocations tend to be emotional and complex family law matters. Learning more about factors that influence child custody arrangements can be beneficial for parents rebuilding after a divorce or breakup in New York.