If you plan to move to another state with your children and you have custody of the kids, it is important to consider the legal and custodial implications of your move. If your move will impact the other parent’s ability to see the children, you may either need to renegotiate your parenting plan with your former partner, or may need to ask the court for permission to relocate. If relocation will impact the other parent’s relationship with the children, you may not always be granted permission to relocate, even if your reasons for doing so are sound. The Elliot Green Law Offices are child custody attorneys in Brooklyn, New York who help parents with custody relocate with their children. We can assist you with renegotiating your parenting plan with your former partner, or petitioning the court to permit your relocation. Petitioning the court to permit your relocation can also come with risks. If your former partner wants primary custody, this situation could be seen as a significant enough change in your children’s life to warrant a re-evaluation of your current parenting plan, so it is important to consider all factors when taking the step to move out of state, or move long distance with your children when you have primary custody. The Elliot Green Law Offices are Brooklyn, New York child custody attorneys who can assist you with navigating the unique challenges that can arise when you choose to relocate with your children.
We can also assist parents who are facing losing contact with their children due to their former partner’s relocation. Our child custody attorney can assist you with renegotiating a parenting plan that is satisfactory for you and your family or by helping you get primary custody of your children due to this life change. Contact the Elliot Green Law Offices in Brooklyn, New York today to learn more about your options and rights.
Renegotiating a Parenting Plan Outside of Court When One Parent Moves
Most parenting plans will have provisions that will limit how far the custodial parent can move from the non-custodial parent. These provisions are designed to ensure that both parents can live close enough to the children to enjoy an ongoing relationship with them. Some parenting plans will address what needs to happen should the custodial parent choose to relocate. Sometimes when one parent needs to relocate, both parents can sit down and re-work their parenting plan to address this life change. When doing so, however, it can be helpful to have a child custody lawyer like the Elliot Green Law Offices in Brooklyn, New York work with you to renegotiate your parenting plan.
If you and your former partner cannot renegotiate the parenting plan outside of court with the assistance of your attorney, you may need to take your case to court. Before taking your relocation case to court, however, it is important to build a strong case to support why the change to your parenting plan needs to be made. When deciding whether to approve your move, the court will consider several factors. According to the New York City Bar, these factors include:
- The reasons the parent has for seeking the relocation, and whether the relocation will improve the child’s life in any way. For example, if the relocation brings a significant raise for the parent, this could impact the child’s financial well-being. If the relocation is being made so that the child can attend a specialized school to nurture his or her talents, for example, this may also weigh favorably upon the relocation.
- Each child’s relationship with each parent. If the non-custodial parent rarely visits during visitation time, then this might favorably impact your case, but you’ll need proof that this is so.
- How much the relocation will impact the child’s relationship with the non-custodial parent.
- What kind of long-distance visitation arrangements have been proposed? The court will evaluate whether the long-distance visitation arrangements continue to foster an ongoing relationship between the child and the non-custodial parent.
These are some factors the courts may consider when weighing whether to permit a custodial parent to relocate. In order to build the strongest possible case, it is best to plan ahead. The Elliot Green Law Offices are child custody attorneys in Brooklyn, New York who can look closely at your reasons for relocating, review your child custody plan, and assist you with taking steps to make your relocation possible.
Protecting Child Custody Rights in Brooklyn, New York
If your child’s custodial parent is considering moving out of state, the non-custodial parent may have the right to petition the court to prevent the move from taking place. Many parenting plans have limits on how far a custodial parent can move the children. Even if your parenting plan doesn’t include these provisions, if a former partner’s move out of state will impact your relationship with your children, you may have the right to stop the move. The Elliot Green Law Offices are child custody attorneys in Brooklyn, New York who can help parents address the complex issues that can arise when one or both parents plan to move out of state.
