New York public policy in custody cases generally favors that a child by raised in close contact with both parents. This means that the parents should live close enough to each other to allow for each to have meaningful parenting time with the child. As such. New York law places limits on a custodial parent’s right to relocate with a child.
A custodial parent must obtain the non-custodial parent’s consent or seek court approval to relocate with a child. The parent wanting to move must provide written notice to the non-moving parent seeking permission. If the non-moving parent objects to the relocation, a judge will schedule a court date to hear evidence on whether the move is in the child’s best interests.
The burden of proof in relocation cases is on the custodial parent to show that the move is justified. Generally, the further the distance of the planned relocation, the more difficult it is to meet this burden, since a long-distance move will create hurdles to the other parent maintaining visitation privileges. Some states impose a geographical limit on relocation, such as 100 miles, but New York law instead calls for courts to conduct a case-by-case analysis.
Both parents are permitted to testify at the relocation hearing and they may call other witnesses. Each parent can present evidence, such as the child’s school progress and health reports and information about the present or planned community of residence. The court will consider such factors as the reasons for the relocation, any economic necessities involved, any health issues implicated, the potential impact on the relationship between the child and the noncustodial parent, the benefits the child might derive from the move and any harm to the child that might result if the relocation does not occur.
If the court determines that the proposed relocation is not in the best interest of the child, it may order that the child and custodial parent remain in their current location, or it may impose conditions on the relocation, such as requiring the custodial parent to promote the child’s frequent and regular contact with the noncustodial parent.
Whether you are seeking or opposing relocation, an experienced family law attorney can help you navigate the legal process and work to ensure your rights are protected.
Bombardo Law Office, P.C., located in Syracuse, assists clients in Central New York with child relocation disputes and other family law matters. Call 1-315-488-5544 or contact us online to schedule your free consultation.
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