Can I Move During a Divorce?
Many clients ask whether moving after divorce is okay. Relocation issues are often related to custody or financial support agreements, which can cause legal headaches for those seeking to move, as well as those looking to prevent an ex-spouse from relocation out-of-state or country.
Child Custody and Moving Out of State
Child custody arrangements play a significant role in determining if you or your ex-spouse can move after a divorce. These agreements may prevent you from moving unless the family law court deems it to be in the child’s best interest.
If a parent moves out-of-state with a child before the other partner gives permission, or before a family court sanctions the move, the situation can become difficult. The Uniform Child Custody Jurisdiction and Custody Act which covers child welfare and jurisdictional issues across state lines is enforced in most states in the U.S., meaning, if a child moves out of state without the consent of a New York family law court or the other parent, the court’s rulings is most likely upheld.
Support Payments and Moving Out of State
Alimony and child support payments may also hinder a move out-of-state. If an individual is either receiving or paying alimony after a divorce, a family law court may deem a move out-of-state as a dramatic change in circumstances, which may alter the amount of support required to be paid, though this is dependent upon the terms of your Marriage Settlement Agreement (MSA).
As with child custody, child support payments may also prevent a person from moving out of New York after a divorce. Unless an out-of-state or foreign move is deemed in the best interest of the child, any relocation requires the consent of both parents. Moving with a child without proper approval may result in prosecution, orders of contempt, and even steep fines or jail time.
Contact New York’s Most Trusted Divorce Firm Today
If you are considering moving, or believe your ex may move, make sure you speak with an experienced New York family law expert today. Call Brian D. Perskin & Associates P.C. today (888) 793-1484 for your free consultation and learn why we are New York’s premier divorce law firm.