Can I Relocate to Another Town, State or Country with my Child if my Child’s Other Parent is Opposed to It?
Yes, you can, but not without either the other parent’s consent or an approval from the Court.
In determining whether to grant your application to relocate, the Court will seek to determine if the move is in the child’s best interests. In its determination, the Court looks at several conditions before approving relocation:
The reason you want to relocate (a better paying job, new relationship, access to better medical care, near relatives, etc.).
The reason the other parent opposes the move.
Whether the child has a good relationship with you and with the parent they are moving away from.
The impact the move would have on the child.
Whether the child’s quality of life would improve financially, emotionally, and educationally.
If the other parent’s relationship with the child can be persevered through suitable visitation arrangements.
Can I Relocate to Another Town, State or Country with my Child After a Divorce or Custody Battle?
If you have a child and have recently gotten divorced, you probably have a child custody agreement or Court order you need to abide by. Therefore, read custody order or agreement carefully and follow the order’s or agreement’s terms.
If you do get approval from your Ex, then you should consider hiring a child custody attorney to draft the written agreement for both of you to sign.
Can I Move Without Approval from the Court or my Ex?
No. If you relocate with your child without telling anyone, you may face harsh consequences like losing custody of your child.
Related: What you should and shouldn’t do during a divorce
I am a Non-custodial Parent. Can I Relocate?
Yes. And you don’t need to ask the Court for approval unless you are trying to relocate with the child. However, your visitation schedule is likely going to change if you are moving far away. For this, you must contact your Ex and see if they will agree to a different parenting schedule. If they don’t, then you have to go to Court and have them decide what your new schedule will be. In most cases, you will not lose visitation altogether, unless you leave without notifying anyone.
Hire an Attorney for Relocation Disputes
Relocation disputes in the Court are extremely difficult. It is best to hire an attorney to represent you so that you don’t risk losing custody or visitation time with your child.
Related: How To Find The Best Divorce Attorney
Contact Stepanian Law Firm for Unique, High Quality Services
We offer the first consultation for free and will provide you with the necessary guidance to find the best option for you. Contact us here or call us at (646) 596-6874 today.