Considerations When Relocating Outside of NY with a Child after a Divorce

It is common for those who are going through a divorce to consider relocation. If children are involved, however, relocation is not a simple option in New York. Considerations when relocating outside of NY with a child after a divorce should include a child’s well-being and their relationship with the other parent. There are also legal consequences for violating an existing child custody arrangement that you should keep in mind.

Relocating After Divorce With Children

Married couples who share minor children and are legally separating are typically required to enter into a child custody agreement as part of the divorce process. This agreement can be reached through mediation or consensus, or if both parents are unable to reach an agreement, a judge may decide the terms of the child custody arrangement.

Child custody in NY includes both physical and legal custody, as well as visitation. If a parent who has full or joint physical or legal custody is thinking about relocating outside of New York, they should take the following actions:

Consider the Child’s Well-Being

A change in living environment can add uncertainty to a child’s life, further amplifying the potential negative effects of a divorce. If you are thinking of relocating, it is essential to assess how it can impact a child’s emotional and mental well-being and relationship with their other parent. Doing so can help support the child’s stability and overall development.

Notify the Co-Parent About Your Relocation Plans

Regardless of whether the other parent has residential custody or only visitation, a move can deeply impact their parental rights and their relationship with their child. Speaking with the other parent about your intent to relocate can help make the relocation smoother by ensuring they are not opposed to it and so that they can create a plan for maintaining communications with their child.

Initiate a Request in a New York Court

When a child custody agreement does not include a provision on relocation with a minor child or if you share joint custody with the other parent, you may need to file a petition for child custody/ visitation modification in a New York court. Once you file a petition, you should serve the other parent with your request, who then has an opportunity to respond to the petition for child custody modification.

If the parties are unable to agree on the relocation, they may need to attend a court hearing where a judge can determine whether modifying the child custody agreement is in the interest of the child. Hiring an experienced family law attorney to aid you in this process is recommended.

What to Do if a Co-Parent Informs You They Intend to Relocate Outside NY

It can feel daunting if you are facing the prospect of your child moving to another state. If you share custody with the other parent, they must request a modification to the custody arrangement in a New York court before relocating. If they move without doing so, you have the right to inform the court that the current child custody arrangement is not being followed.

For non-custodial parents, you can work with an attorney to ensure your parental rights are respected before the other spouse has the chance to relocate or if they have already moved. Even when a child custody arrangement includes provisions for relocation, you may be able to successfully challenge the existing arrangement if it is in the interest of the child to remain in New York.

Consequences of Violating a Child Custody Agreement

Child custody disputes can become contentious following a divorce, especially if both parents’ relationship has deteriorated following a separation. This may lead either party to unconsciously act in a way that violates an existing child custody agreement.

In New York, unlawful relocation with a minor child may be considered custodial interference. In certain cases, it can lead to a Class E felony charge, which carries a potential sentence of up to four years in prison and a large fine. Beyond this penalty, violating a child custody agreement can endanger parental rights and negatively affect a child’s well-being.

FAQs

Q: How Do You Move Out of State When You Have a Child?

A: If you are thinking of moving out of state with a child, you should consult with a knowledgeable NY family law attorney to make sure your relocation does not violate an existing child custody agreement. Even if there is no agreement in place, both parents have equal rights to custody and visitation. Clarifying your rights before taking action can help you avoid potential legal consequences.

Q: Can a Mother Move a Child Out of State Without a Father’s Permission in NY?

A: Whether a mother can move a child out of state without a father’s permission in NY depends on the terms of their child custody agreement. Some child custody agreements can include terms regarding relocation. In this case, a custodial parent may have the right to relocate without the other parent’s consent.

Q: Can My Child’s Father Stop Me From Moving Out of State?

A: Your child’s father may stop you from moving out of state if you live in New York and are thinking of relocating. They can do so by submitting a petition to a New York family court asking for a child custody arrangement, a modification to an existing arrangement, or by informing the court that you are violating a child custody arrangement. Once a petition is filed, an injunction against making any permanent changes in the child’s residence may be issued.

Q: Why Would a Judge Deny Relocation in NY?

A: An NY judge may deny your child custody modification request to relocate if they believe that the child is optimally served by remaining in the state. A family judge’s responsibility is to render a child custody judgment that takes into account the interest of the child. Speak to a skilled child custody attorney to learn more about modifying an existing child custody arrangement.

Seek the Counsel of a Trusted NY Family Law Attorney Regarding Child Relocation

Trotto Law Firm, P.C., assists clients in New York State with a wide range of family law matters, including child relocation. Through our client-centered approach, our knowledgeable team works tirelessly to support you throughout each step of the process. Contact our office today to learn more about our services.