Moving With Children After Divorce
One frequent dispute between parents after a divorce occurs when the custodial parent wants to move to a new location with the children and the non-custodial parent objects because the move will disrupt his or her scheduled parenting time with the children.
Under New York law, children have a right to a relationship with both parents. If parents of a child are separated and both have been awarded visitation with the children, the parent who wishes to move to a new location with the children must obtain the permission of the other parent or obtain prior approval of the court.
If you are involved in a child relocation dispute in Dutchess County, New York, the family law attorneys at Brooke, Brady & Schopfer, LLP, can help you protect your rights as a parent. To speak with a lawyer at our firm about your legal rights, contact our law office in Poughkeepsie, New York.
The Best Interests of the Child Standard Used in New York Relocation Disputes
When a parent files a petition with the court seeking the right to move to a new location with children or seeking to restrict the custodial parent’s ability to move to a new location with the children, the court considers the best interests of the children. The court examines the motives of the parent seeking to move, how the move will affect the child and the child’s relationship with the other parent, and if the move will affect the future welfare of the child.
If the court believes that the sole reason for the move is to cut one parent out of the life of a child or frustrate a parent’s visitation rights, the court will not approve the relocation. If, however, a parent has obtained a job promotion or the move is designed to enhance the welfare of the children in some way, the court will carefully consider the move in light of the non-custodial parent’s rights.
While New York courts place a high value on the importance of facilitating a strong relationship between both parents and their children, the courts are also conscious that a relocation after a divorce or the entry of a custody order may in some cases be in the best interests of a child. Accordingly, it is essential for anyone involved in such a dispute to have competent legal counsel that will take the time to fully examine the facts of the case and have the ability to effectively communicate the pros or cons of a proposed move.
Experienced Child Custody and Visitation Attorneys —Dutchess County
At Brooke, Brady & Schopfer, we practice exclusively in family law and serve clients throughout Dutchess County, so we have a good understanding of how local courts decide child custody and visitation disputes. Our law firm has been representing clients in divorce and family law cases for more than 30 years. As a result of our experience, we have the ability to handle your child custody or visitation matter with the highest degree of competence and care.