When a separated or divorced custodial parent decides to relocate, the situation is difficult for all involved. If the family court approves the move and the parent moves a sufficient distance away, the children may not have regular contact with the other parent. Custodial parents must convince the court that moving will improve the children’s lives, and permission to move is easier to obtain with the help of a Family Court Lawyer in Smithtown NY.
Relocating Parents and Sufficient Notice
Every state has different relocation laws; in many states, custodial parents wishing to relocate must give the other parent written notice in advance. In some places, there’s a 45-60 day time limit for written notice. Once notice is given, the noncustodial parent may object within a certain time limit.
Location is Important
In some states, custodial parents must give notice if they plan to relocate more than 60 miles away. Other states bar parents from moving out of state without giving the noncustodial parent notice, and still others use both rules. For instance, a parent may be able to move 100 miles away, as long as they remain within the state.
Cases may go to Trial
If a noncustodial parent chooses to object to the relocation, the court schedules a hearing to determine whether the other parent may move. States take these relocations seriously, and most judges will not decide a case without evidence and testimony.
Relocating Parents Must Give Good Cause
It is easier to get court approval for a relocation in some states than in others. Depending on location, a family court may be more lenient if a parent can demonstrate that the move will benefit their children. However, in some courts, cases tend to go the opposite way. Visit Law offices of Mitchell M. Shapiro for more information.
No matter where a parent lives, parents must prove that they are not trying to force a separation between the children and the other parent. Most states require the use of parenting plans, which explain how children and noncustodial parents will remain in contact after a relocation.
Help from a Family Court Lawyer in Smithtown NY
Laws concerning child custody, divorce and relocation are complex, and every case is different. The information given here should not be used as legal advice, and is very general in nature. For help and advice relevant to your case, we recommend that you Call a Family Court Lawyer as soon as possible.