Whether you are in the midst of a divorce or family court battle, or a judgment has already been issued concerning your case, relocating with a child can be difficult if there is a court order in place concerning custody or visitation. If the mother or father of your child is an absentee parent, or has no custody or visitation rights, then you will not need to seek court approval to move out of state.
If you do need an order granted permitting you to relocate out of state, then you will need to prove to the courts that you have a valid reason for moving. These reasons can include relocating for a better job opportunity, being closer to a family support system, or a better educational opportunity for your child.
Another factor the courts will consider while deciding on your request to relocate is the type of relationship your child has with their other parent. For instance, if your former spouse is an active participant in your child's life, and the child and parent have a strong and positive relationship, it may be harder for you to be able to relocate. You will need to prove to the courts that you are moving for a valid reason that would be beneficial to the child.
If you are granted permission to relocate, your custody or visitation order will need to be revised. If you move to another state, it may become impossible for your ex-spouse to have overnight visits with the child during the week or every other weekend. It is very possible that you have to grant vacation and holiday visits to your former spouse, as well as time during summer breaks from school. Of course, these stipulations will vary from case to case, and do not necessarily define the terms of any potential revision that you may need.
If you're considering relocating with a child and have a current divorce or custody order in place, it is in your best interest to contact an experienced family law attorney. The knowledgeable lawyers at Brian D. Perskin & Associates will be able to answer your questions, represent you in court, and do their best to get you a favorable outcome. Call us at 212-355-887 or 718-875-7584 to schedule yours today!