Modifying Custody Orders After Divorce
Child custody always presents challenges. However, when one parent wants to move out of state with the child, emotions can run especially high. At Higgins, Roberts & Suprunowicz, P.C., our lawyers have extensive experience helping parents navigate thorny issues like child custody modification and child relocation.
Obtaining Permission To Relocate
The custodial parent cannot relocate a child out of the state of New York without first obtaining permission from a judge to modify a child custody order that does not grant such relocation. Courts only allow modification of child custody under certain circumstances. Relevant factors are that:
- The parent needs to take a job in another state
- The move will bring the child closer to the extended family
- The move will allow the child to take advantage of better educational opportunities
- The parent is in the military and assigned to a new station
The court will also consider how the move will affect the other parent. If the other parent is very involved in the child’s life, the court may refuse to modify the child custody order. Above all, the court considers the child’s best interests. Only if the court deems the move in the child’s best interests will the parent be allowed to move with the child. Whether you plan to move out of state with your child or are concerned that your former spouse plans to move with your child, contact our firm as soon as possible.