Once a Court puts a child custody Order in writing and enforces it, the terms of the Order will usually only change when the parent seeking the change can show they have a valid reason for requesting the adjustment. With that in mind, getting a child custody Order changed as a custodial parent so you can move to a different city or state from your child’s non-custodial parent is not impossible, but it is not as simple as just packing up and moving without any notice.
Depending on whether your child’s co-parent consents to your plans, relocating can be a straightforward procedural matter or a long and complex case resolved through the Court that requires assistance from a knowledgeable child custody attorney. Representation from a Syracuse relocation lawyer could protect your and your family’s best interests through the entire proceeding.
Is Relocation Always Possible with a Joint Custody Arrangement?
Someone who has shared but not primary custody of a child typically has few restrictions over where and when they can relocate to another city or state. However, they may need to work out with their co-parent how parenting time and visitation will be handled at their new place of residence. Conversely, relocating as the primary custodial parent of a child can be much more complex.
In general, Courts will only allow the primary custodial parent to relocate when they believe the move is in the best interests of the child/ren who would be impacted by it. This typically means the relocated parent must have a valid reason for relocating beyond wanting to move farther away from their child’s other parent, such as a new job or a need for specialized medical treatment. A Syracuse relocation attorney can offer more specific guidance about when relocation may be allowed during a private initial meeting.
Building a Case for or Against a Relocation Plan
A custodial parent will need to petition the Court to approve their plan based on it serving the best interests of their child/ren when a non-custodial parent does not consent to a custodial parent’s relocation plan. Even when both parents agree to a relocation, the Court will typically need to approve any modifications to their existing parenting plan based on factors like:
- The relocating parent’s reason(s) for moving
- What kind of relationship the child/ren already have with each parent
- The child/ren’s preferences, when they are old enough to express them
- Whether the move would allow for greater financial stability in the child’s life
- How the move would impact the child/ren’s educational and social development
- The effect the relocation would have on the child/ren’s relationship with their non-custodial parent and other family members
A lawyer in Syracuse could argue for or against a relocation plan with these considerations in mind.
Seek Help from a Relocation Attorney in Syracuse
While Courts do not universally reject any attempt by a custodial parent to move farther away from a non-custodial parent, they do not automatically approve such plans either. You may need a thorough understanding of your rights and a strong case to present before the Court when you plan to move, especially when your child/ren’s other parent does not react well to your moving plans.
Support from a Syracuse relocation lawyer can be irreplaceable in a legal proceeding involving the adjustment of a child custody Order for one parent’s relocation. Call today for a complimentary consultation.