New York’s laws regarding a custodial parent’s ability to relocate with his or her child are very strict. This is in large part due to concern that relocation will significantly limit a non-custodial parent’s rightful access to his or her child. For this reason, courts carefully analyze these issues on a case by case basis before making a determination. Child custody and child visitation are extremely sensitive subjects.
Common Reasons for Relocation
Some of the most common reasons for a proposed relocation include:
- A job opportunity in a different county or state;
- Remarriage to a new spouse;
- A desire to be closer to extended family members; and
- Health-related reasons.
If a custodial parent wants to relocate for one of these reasons, he or she must file a Petition for Relocation with the court. The custodial parent then has the burden of establishing that the move would be in the child’s best interest.
Important Factors of Child Custody in Syracuse
There is no set test for determining whether relocation of a child is appropriate. Instead, courts evaluate the merits of each case by looking at the relevant facts and circumstances through the lens of what outcome is most likely to serve the bests interest of the child. During this analysis courts will look at a series of factors, including:
- Each parent’s reason for desiring or opposing the move;
- The quality of the relationships between the child and his or her parents;
- The impact that the move would have on the amount of meaningful time a child could spend with the noncustodial parent;
- Whether it is possible to preserve the noncustodial parent’s relationship with the child through alternate visitation arrangements;
- The degree to which the child’s quality of life would be improved by the move;
- Whether it is possible for the noncustodial parent to relocate;
- Whether the parents are requesting or opposing the move in good faith;
- The distance between the proposed residence and the noncustodial parent’s residence;
- The effect that the move may have on the child’s relationships with extended family members; and
- The emotional toll that moving would take on the child.
If, after reviewing the facts, a judge permits a parent to relocate with the child, he or she may also modify the visitation schedule to account for the increased distance.
Contact an Experienced Syracuse Child Custody Lawyer
If you are divorced and are considering relocating with your child, please contact Bombardo Law Office, P.C. at 315-488-5544 to set up a consultation with a dedicated family law attorney who can evaluate your case and explain your legal responsibilities. We serve clients in Fairmount, Onondaga, Marcellus, Lakeland, Van Buren, Oneida, Bridgeport, Taunton, Liverpool, and other surrounding Syracuse areas.