How Moving Can Affect Custody

When the custodial parent decides to move, a child custody lawyer might be needed to protect the interests of the child in question. A divorce attorney helps with the original child custody agreement and then a family law expert will need to work on custodial issues. The Law Office of Diron Rutty can help you with your custodial situation needs. Below, we share some important information regarding how moving affects custody.

You Cannot Just Move Away With a Child

In the state of New York, the custodial parent cannot just relocate with their child. There needs to be a court hearing to allow the other parent to object to the child being relocated with the custodial parent first. This process is intended to make sure that children are not relocated against their will.

Child Interests Matter

Although the child cannot state where they want to live, their welfare is considered a primary concern during this process. Relocating a child can lead to stress and anxiety related to making new friends, starting over in a new school, and being separated from their other parent.

Moves Must be Justified

For a move to be approved by the court, moving to a new location cannot be done on a whim. Parents must show that they are moving to a new job or for another reason before the court will approve the move. The goal of the court is to keep both parents in the child’s life.

Non-Custodial Arrangements Matter

If the non-custodial parent does not see the child often or has been remiss in exercising their parental rights, the court will likely rule in favor of the custodial parent. This is to make sure that the child is given a stable and consistent familial support structure. A parent who is not involved with partial rights will likely not want to take up full-time rights.

You should always seek to work with a child custody expert when you need to bring your arguments before a court. A judge will need to hear both sides of the case in question, but a lawyer that is experienced in custodial law will be a big help to your cause. Work with The Law Office of Diron Rutty for your custodial case needs.