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Child custody and out-of-state relocations

On Behalf of | May 23, 2023 | Blog, Family Law |

In today’s custody cases, the judge typically focuses on the best interest of the children for both legal and physical custody. In most cases, family courts prefer that both parents remain involved in their children’s lives, resulting in shared custody.

However, what happens when one parent wants to move out of the state? It does not matter whether you share or have sole custody of your children, relocations can complicate your agreement. This is what you should know about child custody when you move out of New York State.

Send written notice

If you are the custodial parent, you need to send a formal letter about your moving plans to your children’s other parent. You need to allow enough time for your former spouse to respond and file an objection with the courts. Upon filing, a judge should schedule a relocation hearing.

Attend the relocation hearing

During the hearing, the judge will ask both you and your former spouse to testify. The court may also appoint a guardian ad litem and have that individual testify. Bring any witness that can provide evidence to support your case, including your children’s report cards, information about your children’s new schools and features of the new community that are better for your children.

Understand the judge’s considerations

The judge will ask you why you want to move, and he or she will ask your former spouse about his or her reasons for opposing the move. Discuss any emotional, financial and educational benefits your children will experience from the move.

The relationship between both you and your ex and your children. You need to present how you will help your children maintain their relationship with their other parent.

The judge will decide on custody. For the best result, gather significant evidence to support your case.



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